Supreme Court.
62. If it appears to the court that there is in any action a question of law which it would be convenient to have decided in the first instance, the court may direct that it shall be raised in a special case or in such other manner as may seem expedient.
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Direction for special case,
special case.
63. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the court to decide the question at issue.
64. Every special case shall be signed by the parties, and may be filed by any party.
Motions.
65. A party desiring to obtain an order from the court shall file a notice of motion, with the affidavits, if any, on which he intends to rely.
66. The notice of motion shall state the nature of the order desired, the day on which the motion is to be made, and whether in court or in chambers.
67. Except by consent of the adverse party or by order of the court, the notice of motion shall be filed twenty-four hours at least before the time at which the motion is made.
Filing of special case.
Filing of motion and notice of affidavits.
Form of motion.
Appendix. Form 22.
Time for filing notice of motion before hearing for order.
68. When the motion comes on for hearing, the court, after hearing the parties or, in the absence of any of them, on proof that the notice of motion has been duly served, may make such order as to the court may seem fit.
69. The court may, on due cause shown, vary or rescind any order previously made.
Varying or rescinding order.
Tender.
70. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim shall pay into court the amount tendered by him, and shall file a notice of the terms on which the tender is made.
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