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MOTION (Lat. motio, from movere, to m...

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Originally appearing in Volume V18, Page 906 of the 1911 Encyclopedia Britannica.
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MOTION (See also:Lat. motio, from movere, to move)  , in See also:English See also:law, an application made to a See also:court during the progress of an See also:action, and either before or after See also:judgment has been pronounced . The See also:object of a See also:motion is to invoke the assistance of the court in matters that are of a pressing See also:character, and require to be speedily dealt with . A motion differs from a See also:petition in that it is made viva voce in open court and is founded on a written statement . Motions are either motions of course or See also:special motions . A motion of course is made ex parte without See also:notice, and is not mentioned in court, the party being entitled as of right . Motions of course are confined to the See also:chancery See also:division of the High Court . A special motion is made in open court, and must be supported by proper See also:evidence . Special motions are made either ex parte or on notice . On all ex parte applications the utmost See also:good faith must be observed . Ex parte motions, in the See also:king's See also:bench division, are usually made to a divisional court . A motion for judgment is a proceeding whereby a party to an action moves for judgment of the court in his favour . See Rules of the Supreme Court, Ors. xl., lii .

End of Article: MOTION (Lat. motio, from movere, to move)
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