Motion-paper
Terra of.
Amendment of by Court.
Aidavits.
Other Evidence.
Case of Urgency.
When to be ex parts.
296
CODE OF CIVIL PROCEDURE-HONGKONG
by summons in Chambers, and may, at or before the nearing, if it shall think fit, remove the same into Court or into Chambers, as the case may be. Motion.
XLIII.-No motion shall be entertained until the party moving has filed in the Court a written motion-paper, distinctly stating the terms of the order sought.
2. The motion may in its terus ask for an order directing more than one thing to be done, and may also be in an alternative form asking that one or another order 1 made, so only that the whole order sought be therein substantially expressed.
3. It te motion-paper contains any matter by way of argument, or other matter except the proper particulars o te motion itself, the Court
may
direct the motion-piper to be amended, and make no order thercon, until it is amended accordingly by the striking out of such argument or other matter.
4.-There shall be filed with the motion-paper all affidavits on which the person moving intends to rely.
5.-No other evidenc can be used in support of the motion, except by leave of the Court.
6. The person filing the motion-paper may move the Court, in cases of urgency, at any time while the Court is sitting, and not engaged in hearing any other matter.
7.- All motions shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.
8.-On a motion ex parte, the party moving ha! apply for either an Order thereon. imme liate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day, and show cause why an order should not be made in the terms of the motion-paper.
Argument in support.
Argument and additional Ividence.
Court may
make Order
for.
9.-Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the suit or pro- ceeding, although present, other than th party moving, shall, unless by leave of the Cour:, be entitled to be then beard.
י
10.-On a motion coming on, the Court may allow the motion-paper to be amended, and additional evidence to be produced by affidavit or declara- tion, or may direct the motion to stand over.
11.-If it appears to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be other than asked adduced in support thereof, that the party moving is entitled to an order absolute, or to show cause different from the order asked, and the party moving is willing to take such different order, the Court may so order accordingly.
12. Where an order is made on motion ex parte, any party affected May vary or dis- charge Order,
by it
may, within seven days after service of it, or within such further time as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it with or without imposing terms as to costs or security, or other things, as scems just.
Order to show Cause.
Keturn-day.
Counter Effidavite,
XLIV. An order to show ... · shall speci'y a day when cause is to be shown, to be called the re urn-day to the order, which shall ordinarily be not less than four days after service.
2.--A person served with an order to show cause may, before the return-day, file affidavits to contradict the evidence used in obtaining the order, or setting forth other lacts on which he relies, to induce the Court to discharge such order.