1923_CODE_OF_CIVIL_PROCEDURE — Page 61

1174

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

Filing of

(4) In every motion or summons the enactment and its particular provisions, if any, under which it is brought shall be stated in the margin.

Motion.

243. Any party to an action or other proceeding who motion-paper. desires to move the court for an order shall file in the

H. K. Code, Registry a written motion-paper distinctly stating the terms

s. 43 (1). Schedule. Form No. 24.

Terms of motion.

of the order asked for.

244. The motion may in its terms ask for an order directing more than one thing to be done, and may also be H. K. Code, in an alternative form, asking that one or another order be made, so only that the whole order asked for be therein substantially expressed.

s. 43 (2).

Amendment

of motion-

paper.

245. If the motion-paper contains any matter by way of argument or other matter except the proper particulars of H. K. Code, 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.

8. 43 (3)..

Affidavits in support of motion.

H. K. Code, 8. 43 (4), (5).

Time of moving in case of urgency.

H. K. Čode, ́s. 43 (6).

Motion to be

ex parte or

on notice.

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.

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.

248. Subject to any special provisions regulating any particular case, every motion shall be made ex parte in the H. K. Code, first instance, unless the court gives leave to give a notice 8. 43 (7).

of motion for a certain day.

Proceedings on motion ex parte.

H. K. Code,

·43 (8), (9).

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.