CODE OF CIVIL PROCEDURE-KONGKONG.
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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 Motion paper filed in the Court a writt n motion-paper, distinctly stating the terms of the order sought.
2. The motion may in its terms ask for an order directing more than Form of, 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 o der sought be therein substantially expressed,
3.-If
3. If the motion-paper contains any matter by way of argument, or Amendment of other matter except the proper particulars of the motion itself, the Court by Court, may dir et 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 Affidavits, the person moving intends to rely.
5.-No other evidence can be used in support of the motion, except by Other Evidence, leave of the Court.
of
Urgency.
6.--The person filing the motion-paper may move the Court, in cases Care 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 When to be the Court gives leave to give a notice of motion for a certain day.
ex porte.
8.-On a motion ex parte, the party moving shall apply for either an Order thereon. 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 male in the terms of the motion-paper.
9. Any party moving in Court ex parte may support his motion by Argument in argument addressed to the Court on the facts put in evidence by the support. affidavits 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, be entitled to be then heard.
10.-On a motion coming on, the Court may allow the motion-paper to Argument be amen-led, and additional evidence to be produced by affidavit or declara. and additional tion, or may direct the motion to stand over.
Evidence.
other than
11.-If it appears to the Court on the evidence adduced in support of Court may the motion, or on any additional evidence which the Court permits to he make Order adduced in support thereof, that the party moving is entitled to an order asked for. 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.
Order
12. Where an order is made on a motion ex parte, any party affected May vary or by it may, within seven da s after service of it, or within such further time discharge as the Court shall allow, apply to the Court by motion to vary or discharge it; and the Court on notice to the party obtaining the order, either may refuse to vary or discharge it, or may vary or discharge it withr wi hout imposing terms as to costs or security, or other things, as seems just.
rder to show Cause.
XLIV -An order to show cause shall specify a day when cause is to Return-day. be shown, to be called the return- av to the order, which shall ordinarily be not less than four days after service.
2.--A person served with an order to show cause may, before the Counter return-day, file affidavits to contradict the evilence used in obtaining the Affidavits, order, or set ing forth other facts on which he relies, to induce the Court to discharge such order.
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