How to move Motion in Court: Introduction

Moving motions in court depends on the type of motion a counsel is moving.That is, whether the motion is motion exparte or motion on notice.

It equally depends on whether the motion is opposed or not. If it is motion on notice, there is high likelihood that the motion will be opposed or argued. But motion exparte is not argued or opposed.

HOW TO MOVE MOTION(SAMPLE)

Before my Lord/your worship is a Motion on notice, dated 1st day of April 2022 and filed on 2nd day of April 2022.

The said motion is brought pursuant to Order 39 Rule 1 of the Ebonyi State High Court civil procedure Rule and Under the Inherent powers of this court.

The said motion on notice my Lord prays for the Orders as contained on the face of the motion paper( Or, the said motion prays for the following reliefs: mention the reliefs)

The motion is accompanied by 12 paragraphs affidavit deposed to by Mrs. Nneka Icha, my Lord, we are relying on all the paragraphs of the said affidavit (and the exhibits therein”- where there are exhibits).

My Lord, in compliance with the rules of this Court, we equally filed written address dated the 1st day of April 2022 and filed on same day and we humbly adopts same as our arguments in support of this motion.

WHERE THERE ARE FURTHER AFFIDAVIT(SAMPLE)

My Lord, upon the receipt of the counter affidavit of the Respondent, we equally filed further affidavit of 14 paragraphs deposed to by Mrs. Nneka Icha and we seek to rely on all the paragraphs of the said further affidavit(and the exhibit therein- where there is exhibit)

Also my Lord, accompanying the further affidavit is a reply on point of law and we equally adopt the arguments therein as part of our arguments in supports of this motion and we pray the court to discountenance the averments in the counter affidavit of the Respondent and grant our prayers in the interest of justice.

May the court be pleased.

HOW TO MOVE OR ADOPT COUNTER AFFIDAVIT(SAMPLE)

My Lord, in opposition to the motion on notice filed by the applicant, the Respondent has filed 14 paragraphs counter affidavit deposed to by Mr. Emmanuel Ibe. My Lord, we are relying on all the paragraphs of the said counter affidavit.

My Lord, the counter affidavit is supported by written address dated and filed on 5th April 2022 and we humbly adopt all the arguments therein in opposition to the motion on notice and urge the court to refuse the Applicant’s application as same is unfounded in law.

May the court be pleased.

When you move motion in terms of motion paper

You would have heard about moving motion in terms of your motion paper. Sometimes, the court can order a counsel to move motion in terms especially where the application is not opposed.

Now to move motion in terms, Counsel may just say”

Before my Lord is motion on notice dated and filed on 10/2/2022. The said motion is brought pursuant to…and prays for the reliefs as contained on face of motion paper. With the leave of court, I move the said motion in terms of the motion paper.