Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Motion definition

What does Motion mean? A motion is a request to the court to make an order or give directions in a case, usually for interlocutory or case-management relief. It is the practical act of asking the court to do something—such as grant an injunction/interdict, stay/sist proceedings, order disclosure/discovery, extend time, strike out a claim or give summary judgment—either on notice to the other side or, in urgent cases, without notice (ex parte). Motions are supported by affidavit or witness-statement evidence and are decided on paper or at a short hearing; costs may follow the event. Usage varies by jurisdiction. In Scotland, “motion” is the formal...

Motions in the Scottish Civil Courts: Drafting, Enrolment, Hearings, Expenses and Caveats

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Practice notes

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Civil justice reform:

See our Practice Note: Civil justice reform in Scotland-virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. It outlines the procedures to follow for Motions in the Court of Session, the Sheriff Appeal Court and sheriff courts. Discussion of sheriff court procedure is limited to the Ordinary Cause Rules (note that the OCR, Ch 15 procedure also applies to summary applications-see Rule 2.30 of the Summary Application Rules 1999). For sheriff court cases under the Summary Cause or Simple Procedure rules, practitioners should refer to Chapter 9 of the Summary Cause Rules 2002 (where the equivalent of motions are called ‘incidental applications’) and Part 9 of the Simple Procedure Rules 2016 (where the equivalents are termed ‘Applications’).

The Practice Note covers:

drafting a motion or an opposition to a motion
arranging a hearing
arguing the motion
expenses of motions
motions before calling and caveats

This Practice Note should be read in conjunction with the applicable...

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Web page updated on 27/05/2026

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