Directory_and_Chronicle_1868 — Page 341

Page 341 Page 341

Page 341 Page 341

Evidence.

Motion in Court;

or by writing.

Notice of motion.

Application ex parte,

Order on motion.

Varying or discharge of order.

58

RULES OF SUPREME COURT

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 amended accordingly, by the striking out of such argument or other matter.

There shall be filed with the motion-paper all affidavits ou 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-paper may then either move 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 written 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 unless the Court gives leave to give a notice of motion for a certain day.

148. On a motion er parte the party moving shall apply for either an immediate 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.

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 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- paper to be amended.

It may allow additional evidence to be produced by affidavit or deposition.

It may direct the motion to stand 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 appears, it may grant such order.

It may grant an order to show cause why the order sought should not be made.

It may allow a motion on notice to be made.

If the motion, as originally framed, or as amended, is substantially 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 require.

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 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.

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 affected by it inay, within seven days after service of it, apply to the

Page 341 Page 341

Digitized by

Google

Page 341 Page 341