MOTION (

See also:

• LAT

Lat. motio, from movere, to move)  , in English law, an application made to a court during the progress of an action, and either before or after judgment has been pronounced . The object of a motion is to invoke the assistance of the court in matters that are of a pressing character, and require to be speedily dealt with . A motion differs from a 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 special motions . A motion of course is made ex parte without notice, and is not mentioned in court, the party being entitled as of right . Motions of course are confined to the chancery division of the High Court . A special motion is made in open court, and must be supported by proper evidence . Special motions are made either ex parte or on notice . On all ex parte applications the utmost good faith must be observed . Ex parte motions, in the king's 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 .