Motion

In Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court which he thinks becomes necessary in the progress of the cause, or to get relieved in a summary manner from some matter which would work injustice. It is said to be a written application for an order; Dullard v. Phelan, 83 Ia. 471, 50 N. W. 204; but it is frequently made verbally. Where the object of the motion may be granted merely on request, without a hearing, it is a motion of course; those requiring a hearing are special; such as may be heard on the application of one party alone, ex parte; those requiring notice to the other party, on notice. When the motion is made on some matter of fact, it must be supported by an affidavit that such facts are true; and for this purpose the party's affidavit will be received, though it cannot be read on the hearing; Hoar v. Mulvey, 1 Binn. (Pa.) 146.

See 3 Bla. Com. 305; 15 Viner, Abr. 495; Graham, Pr. 542; Smith, Ch. Pr. Index; Mitchell, Motions and Rules.