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. generally applied to applications, whether written or oral.

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.

In practice. An occasional appllcation to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause or summarily and wholly unconnected with plenary proceedings. Citizens' St. R. Co. v. Reed, 28 Ind. App. 629, 63 N. E. 770; Low v. Cheney, 3 How. Prac. (N. Y.) 287; People v. Ah Sam, 41 Cal. 645 ; In re Jetter, 78 N. Y. 601. A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding or by any one interested therein. Rev. Code Iowa 1880, § 2911; Code N. Y. § 401.

In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting.

— Motion for decree. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answered is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722.

— Motion for Judgment. In English practice. A proceeding whereby a party to an action moves for the judgment of the court in his favor. See Sup. Ct. Rules 1883, ord. 40.

— Motion in error. A motion in error stands on the same footing as a writ of error; the only difference la that, on a motion in error, no service is required to be made on the opposite party, because, being bsfore the court when the motion is filed, he is bound to take notice of it at his peril. Treadway v. Coe, 21 Co.nn. 283.

— Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action.

— Special motion. A motion addressed to the discretion of the court, and which must be heard and determined ; as distinguished from one which may be granted of course. Merchants' Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444.

Instance; will; desire; an application made to the judge or judges of a court, viva voce, in open court, for the purpose of obtaining a rule or order directing some act to be done in favor of the applicant.

In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and wholly unconnected with plenary proceedings. A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding, or by any one interested therein. Rey. Code Iowa 1880, § 2911; Code N. Y. § 401.

In parliamentary law. The formal node in which a member submits a proposed measure or resolve for the consideration and action vf the meeting.

' 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.*

An application made to the judge viva voce in open court.

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.

practice, is 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. 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. 1 Binn. R. 145; S.P. 2 Yeates’s R. 546. Vide 3 BI. Com. 304; 2 Sell. Pr. 356; 15 Vin. Ab. 495; Grah. Pr. 542; Smith’s Ch. Pr. Index, h.t.