758
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Filing of mo-tion-paper. H.K. Code, s. 43 (1). Schedule. Form No. 24.
Terms of motion.
H.K. Code, s. 43 (2).
Amendment of motion-paper.
H.K. Code, s. 43 (3).
Affidavits in support of motion. H.K. Code, s. 43 (4), (5).
Time of moving in case of urgency.
H.K. Code, s. 43 (6).
summons in chambers and shall be entitled in the action or other proceeding.
(3) Subject to the provisions of this Code and to any general rules or orders of the court, the court shall in each case decide whether the application is a proper one to be made by motion in court or by summons in chambers and may, at or before the hearing, if it thinks fit, remove the same into court or into chambers, as the case may be.
(4) In every motion or summons the enactment and the particular provisions thereof, if any, under which it is brought shall be stated in the margin.
Motion.
243. Any party to an action or other proceeding who desires to move the court for an order shall file in the Registry a written motion-paper distinctly stating the terms of the order asked for.
244. The motion may in its terms 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 be made, so only that the whole order asked for be therein substantially expressed.
245. If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the court may direct the motion-paper to be amended and make no order thereon until it is amended accordingly by the striking out of such argument or other matter.
246.—(1) There shall be filed with the motion-paper, or as soon thereafter as possible, all affidavits on which the party moving intends to rely.
(2) No other evidence shall be used in support of the motion except by leave of the court.
247. The party filing the motion-paper may move the court, in a case of urgency, at any time while the court is sitting and not engaged in hearing any other matter.