Moving a Motion Procedures

A comprehensive guide on the procedural steps for moving a motion, including references to specific legal orders in Lagos and Abuja and courtroom protocol for applicants and respondents.

What is the first step in moving a motion?

You must identify the application, such as a motion for extension of time, amendment of pleading, or further and better affidavits.

Under which specific orders and rules is the application for extension of time brought in Lagos and Abuja?

Order $43$ rule $1$ Lagos, or order $30$ rule $1$ Abuja.

What follows the identification of the application and the statement of the rule of law?

You state the prayers being sought in the motion paper.

What should the applicant draw the court's attention to after stating the prayers?

The affidavit in support of the application, including any further affidavit.

What action should be taken regarding the written address during the motion?

Draw the court's attention to the written address and adopt same.

What is the procedure if the respondent has filed a counter affidavit?

The applicant responds to the counter affidavit and urges the court to grant the application.

When a respondent opposes an application via counter affidavit, what does the applicant urge the court to do regarding the respondent's written address?

The applicant adopts the respondent's written address and urges the court not to grant the application.

What are the Two options for a court delivering a bench ruling?

The court can either stand down for ruling or adjourn for ruling.

How is 'stand down' defined in the context of court rulings?

To wait and continue with other cases before coming back to the current case.

How is 'adjourn' defined in the context of court rulings?

To take another date so the case can be tried or heard on another day.

What might a respondent do if they have no objection and did not file a counter affidavit?

They may indicate they have no objection and ask the court for cost.

In Abuja, under what circumstances and rule is a motion ex parte deemed moved without actually being moved in court?

Under order $30$ rule $4$, it may be deemed moved and the written address adopted after $2$ days.

How many paragraphs are in the affidavit mentioned in the sample motion script?

It is a $12$ paragraph affidavit.

What is the concluding request made to the court when moving a motion in terms?

Urge the court to grant the application as prayed.