CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1189
244. 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 asked for be therein substantially expressed.
H. K. Code, s. 43 (2).
245. 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.
[ib. s. 43 (3).]
246.—(1) There shall be filed with the motion paper, or as soon thereafter as possible, all affidavits on which the party moving intends to rely.
(2) No other evidence shall be used in support of the motion except by leave of the Court.
[ib. s. 43 (4), (5).]
247. The party filing the motion-paper may move the Court, in a case of urgency, at any time while the Court is sitting and not engaged in hearing any other matter.
[ib. s. 43 (6).]
248. Subject to any special provisions regulating any particular case, every motion shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.
[ib. s. 43 (7).]
249.—(1) On a motion ex parte the party moving shall apply either for an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or for an order to the opposite party to appear on a certain day and show cause why an order should not be made in the terms of the motion-paper.
(2) Any party moving the 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 action or proceeding, although present in Court, other than the party moving, shall, except by leave of the Court, be entitled to be then heard.
[ib. s. 43 (8), (9).]
250. On a motion coming on for hearing, the Court may allow the motion-paper to be amended and additional evidence to be produced by affidavit, or may direct the motion to stand over.
[ib. s. 43 (10).]
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
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244. The motion may in its terms ask for an order directing more Terms of than one thing to be done, and may also be in an alternative form, H. K. Code, asking that one or another order be made, so only that the whole s. 43 (2). order asked for be therein substantially expressed.
paper.
245. If the motion-paper contains any matter by way of argu- Amendment ment or other matter except the proper particulars of the motion of motion- itself, the Court may direct the motion-paper to be amended, and [ib. s. 43 (3).] make no order thereon until it is amended accordingly by the striking out of such argument or other matter.
246.—(1) There shall be filed with the motion paper, or as soon Affidavits in thereafter as possible, all affidavits on which the party moving support of intends to rely.
(2) No other evidence shall be used in support of the motion except by leave of the Court.
motion. [ib. s. 43 (4), (5).]
247. The party filing the motion-paper may move the Court, in Time of a case of urgency, at any time while the Court is sitting and not moving in engaged in hearing any other matter.
case of
urgency. [ib. s. 43 (6).]
ex parte or on notice.
248. Subject to any special provisions regulating any particular Motion to be case, every motion shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain [ib. s. 43 (7).] day.
on motion ex parte.
249.-(1) On a motion ex parte the party moving shall apply Proceedings either for an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or for an [ib. s. 43 (8),
(9).] order to the opposite party to appear on a certain day and show cause why an order should not be made in the terms of the motion-
paper.
(2) Any party moving the 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 action or proceeding, although present in Court, other than the party moving, shall, except by leave of the Court, be entitled to be then heard.
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250. On a motion coming on for hearing, the Court may allow Power of the motion-påper to be amended and additional evidence to be pro- etc., at duced by affidavit, or may direct the motion to stand over.
amendment,
hearing. [ib. s. 43 (10).]
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