1911 Encyclopædia Britannica/Motion

MOTION (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.