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Legal Motions in a Court of Law

Notice of a motion is a notice to participants in litigation of an intent to seek specific relief in an action. Motions allow the parties to ask the court to make temporary decisions on the matters that you have asked the court to decide. Either party can make motions before the court makes a final decision on the matters of your case. An example of a motion is where one party asks the judge for a temporary order concerning where the children will live or how much time they will spend with each parent. This temporary decision would be in place until the court makes a final decision about custody and access. .
             If you are the person making a motion, you are called the moving party. The other person is called the responding party. .
             22.03- Ex parte motion .
             Ex parte is a Latin legal term meaning "from (by or for) [the/a] party ". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. Ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more inaccurately to refer to improper individual contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party.
             As defined in the website of Nova Scotia Barristers Society - .
             (1)     A party may make an ex parte motion in one of the following circumstances:.
             (a)         the order sought does not affect the interests of another person;.
             (b) The party makes a motion in an ex parte application;.
             (c) The other party is disentitled to notice under Rule 31 - Notice;.
             (d) Legislation or these Rules permit the motion to be made ex parte;.
             (e)  There are circumstances of sufficient gravity to justify making a motion without notice, for which examples are listed in Rule 22.03(2).
             (2)  Each of the following is an example of circumstances of sufficient gravity to justify an ex parte motion:.


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