Motions

A motion, in most cases, is considered to be a "proceeding within a proceeding". Its purpose is to determine some issue on a temporary basis while the larger proceeding slowly works its way through the system, or to deal with a dispute over the way one of the parties is conducting itself. A motion is brought before a judge (or a master, in certain locations). It requires serving on the other side a "Notice of Motion" which specifies the relief being sought, supported by one or more affidavits (which may contain various attached documents as "exhibits"). The opposing party may respond with their own affidavit(s). If necessary, the motion may be adjourned to permit cross-examinations on the affidavits, in which case transcripts of the cross-examinations will usually be filed with the court before argument takes place. A ruling on a motion is called an "Order".