Motion

1.

In the practice of the courts, a motion is usually a public application to the court that it will make some order, pass judgment or sentence, or take other judicial action. According to the definition of the New York code of procedure, § 401, "an application for an order" is a motion; and, when the word is used of proceedings in civil actions, it generally has this restricted meaning. But to speak of "making a motion for judgment," or making a motion for sentence in a criminal cause, is not improper. And in expressions relating to action taken by the court "of its own motion," any idea of an application to it, to act, is negatived. Motions are termed motions of course, when the thing sought is grantable on mere request, and without question or hearing; special motions, which invoke the discretion or judgment of the court, and must be heard and considered; ex parte motions, which must be heard and considered, but may be heard on application of one party only; and motions on notice, in which the applicant must apprise the other party of what he wishes, and when he will apply, and give him an opportunity to oppose.

2.

In the business of deliberative assemblies, a motion is a proposal of some measure or resolve for the action of the meeting. Motion is an application made to a court or judge viva voce in open court. Its object is to obtain an order or rule, directing some act to be done in favor of the applicant. Mozley & W. Motion signifies an application to the court by the plaintiff or defendant in an action, or by the counsel for either, in order to obtain some rule or order of court which may become necessary in the course of the proceedings; and the act of making such an application is termed moving the court. The word also signifies instance, desire, will, &c. Thus a person is said to do a thing of his own motion, i.e. voluntarily, without being required to do it. Brown. Motion for decree. This has been (since its introduction in 1852 by Stat. 15 & 16 Vict. ch. 86, § 15) the mode most frequently adopted by a plaintiff in English chancery for obtaining the decree to which he claims to be entitled. It must be distinguished from interlocutory motions. Mozley & W. Motion for judgment. A proceeding which a party to an action may adopt for obtaining the judgment of the court in his favor, under various circumstances enumerated in order 40 of the orders under the judicature act, 1875. Mozley & W.