Directory_and_Chronicle_1886 — Page 830

Evidence at

the Hearing.

When to be made.

How to be made.

Whether in Court or Chambers.

Motion-paper.

Form of

Amendment of by Court.

Affidavite.

Other Evidence,

Cases of Urgency.

When to be ex parte.

Order thereon.

Argument in support.

Amendment

and additional

Evidence.

120

CODE OF CIVIL PROCEDURE-HONGKONG.

of such body corporate, shall answer on affidavit, stating what documents he or they has or have in his or their possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and if so on what grounds), to the production of such as are in his or their possession or power; and upon such affidavit being made, the Court may make such further order thereon as shall be just.

7.----All such interrogatories, answers, depositions, and affidavits as aforesaid, shall be filed in Court in the suit or other civil proceeding, and the evidence so taken may be used at the hearing thereof, saving just exceptions.

CHAPTER VI. INTERLOCUTORY PROCeedings. Motion and Summons.

XLII. Interlocutory applications may be made at any stage of a suit or proceeding.

2.They shall be made either by motion in Court or by summons in Chambers, and shall be headed in the suit or other proceeding.

3.-Subject to any general orders, 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 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 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 sought be therein substantially expressed.

3.-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.

4. There shall be filed with the motion-paper all affidavits on which the person moving intends to rely.

5.-No other evidence 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 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.

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 affi lavits filed in support of the motion; and no party to the suit or pro- ceeding, although present, other than the party moving, shall, unless by leave of the Court, to entitled to be then heard.

10.—a a motion coming on, the Court may allow the motion-paper to be amended, and additional evidence to be produce 1 by affidavit or declara- tion, or may direct the motion to stand over.