CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
759
on notice.
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.
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.
ex parte or H.K. Code, s. 43 (7).
Proceedings on motion ex parte. H.K. Code, 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.
251. If at the hearing it appears to the court, on the evidence adduced in support of the motion or on any additional evidence which the court may allow 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 for, and the party moving is willing to take such different order, the court may make an order accordingly.
etc., at H.K. Code, s. 43 (10). Power to make order different from order asked for. H.K. Code, s. 43 (11).
252. Where an order is made on a motion ex parte, any party affected by it may, within ten days after service of it or within such further time as the court may allow, apply to the court by motion to vary or discharge it; and the court, on notice to the party who has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without imposing terms as to costs or security or other things as may seem just.
H.K. Code, s. 43 (12).
253. The provisions of sections 254 to 258 shall apply, with the necessary modifications, in every case where notice of motion has been served on a party.
where notice of motion served.
Page 65
Page 66
CODE OF CIVIL PROCEDURE.
·
No. 3 of 1901.
759
on notice.
248. Subject to any special provisions regulating any Motion to be 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.
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.
ex parte or H.K. Code, s. 43 (7).
Proceedings
on motion ex parte. H.K. Code, s. 43 (8), (9).
250. On a motion coming on for hearing the court may Power of allow the motion-paper to be amended and additional evidence amendment, to be produced by affidavit, or may direct the motion to stand
over.
251. If at the hearing it appears to the court, on the evidence adduced in support of the motion or on any additional evidence which the court may allow 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 for, and the party moving is willing to take such different order, the court may make an order accordingly.
etc., at
H.K. Code, s. 43 (10). Power to
make order different
from order asked for.
H.K. Code, s. 43 (11).
252. Where an order is made on a motion ex parte, any Application
to vary or party affected by it may, within ten days after service of it or
discharge within such further time as the court may allow, apply to the order made court by motion to vary or discharge it; and the court, on notice on motion
ex parte. to the party who has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without imposing terms as to costs or security or other things as may seem just.
H.K. Code, s. 43 (12).
253. The provisions of sections 254 to 258 shall apply, with Procedure the necessary modifications, in every case where notice of motion has been served on a party.
where notice of motion served.
Page 65Page 66
No comments yet.
Private notes are available after approval.