IN CHINA AND JAPAN.
65
If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the Court shall direct the motion-paper to be amended, and shall make no other order thereon, until it is am nded accordingly by the striking out of such argument or other matter.
There shall be filed with the motion-paper all affidavits on Evidence. which the person moving intends to rely.
No other evidence can be used in support of the motion except
by leave of the Court.
No paper accompanying the motion-paper other than an affidavit
shall be received.
146. The person filing the motion-papr may then either move Motion in Court; the Court while sitting, and on such days and at such times, if any, as are by the regulations of the Court appointed for hearing motions, or in cases of urgency at any time while the Court is sitting, and not engaged in hearing any other matter, or send a or by writing. writ'en request to the Court for an order according to the motion- paper, with such argument stated in writing in support of his motion as he thinks fit.
147. All motions shall be made ex parte in the first instance, Notice of motion. unless the Court give leave to give a notice of motion for a certain day.
148. Ou a motion ex parte the party moving shall apply for Application ex parte. either an immediate absolute order of the Court in the terms of the motion-paper on his own shewing 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.
Any party moving in Court ex parte may support his motion by arguments addressed to the Court on the facts put in evidence by the allidavits filed in support of the motion: and no party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
149. On a motion coming on, the Court may allow the motion- Order on motion, paper to be amended.
It may allow additional evidence to be produced by affidavit or
depositions.
It may direct the motion to stad over.
It may refuse the motion.
It may make an order in terms of the motion.
Where an immediate order absolute is asked, and the right thereto clearly a pars, it may grant such order,
It may grant an order to show cause why the order sought should not be male.
It may allow a motion on notice to be made.
If the motion as originally fiamed, or as amended, is sub- stantially divisible into two or more parts, it may divide the same, and deal in different ways with the separate parts thereof, as the case may r quire.
If it app ars to the Court on the evidence adduced in support of the motion, or on any additional evidence which the Court permits to be a duced 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 ord r accordingly.
If he is not willing to take such different order, the Court shall refuse the motion.
150. Where an order is made on a motion ex parte, any party varying or discharge affected by it may, within seven days after service of it, apply to the of order.