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See also: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
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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
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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
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Motions are either motions of course or See also:special motions
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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
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Motions of course are confined to the See also:chancery See also:division of the High Court
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A special motion is made in open court, and must be supported by proper See also:evidence
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Special motions are made either ex parte or on notice
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On all ex parte applications the utmost See also:good faith must be observed
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Ex parte motions, in the See also:
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