Motion

' 1.

Desire, will; instance. A person does a thing of his "own motion," when he acts voluntarily, without being required to do it. And " mere motion " refers a court's objecting to a proceeding for irregularity, sua sponte, — ex mero motu, or ex propria motu.

3.

An application to the court, by a party or his counsel, to obtain some rule or order which may become necessary in the progress of a cause.2 An application for a rule or order, made viva voce to a court or judge.' It is distingiiished from the more formal applications for relief by petition or complaint. The grounds of the motion are often required to be stated in yreitingf and filed. 5 Making such application is termed "moving" the court; and the motion itself is spoken of as granted or allowed, refused, denied, withdrawn, etc. A motion is " of course " when it is a matter of mere routine; and "special," when granted after hearing had. It is " ea; parte " when applied for by one party with no notice to his adversary; and " on notice" or "with notice " when opportunity to resist is afforded the adversary. "Motion-day" is the time when motions are ordinarily entertained.

Movent.

— He who makes a motion before a court: as, the movent for a new trial. (Rare.) Motions and rules may be defined in a general way as instruments or means of facilitating the progress of a cause or the transaction of the business of litigation, by correcting clerical steps, or amending errors not fatal; by accommodating the case to changes of circumstances since its commencement; by meeting exigencies imforeseen or unprovided for; by removing dif Sculties in the development of the case which stop progress;

— or by advancing the case in any way toward its final and proper disposition.*