In Nigerian courts, lawyers often “move a motion in terms” as a procedural shortcut for uncontested applications. This allows the court to efficiently address matters without requiring a full argument of the motion.
Moving a motion in terms is a common yet crucial skill for lawyers, especially in Nigerian courts. Whether you’re a new legal practitioner or need a refresher, this article will guide you on how to effectively move a motion in terms, why it is important, and when to use this approach.
What Does It Mean to Move a Motion in Terms?
To move a motion in terms means to present a motion before the court by summarizing its contents instead of reading it in full. The court assumes familiarity with the motion’s details, allowing for a more concise presentation. This approach is typically used to save time and simplify proceedings, particularly for non-contentious applications.
Importantly, this approach is typically used when the opposing party does not object to the motion or when the judge has reviewed the motion and deems a full presentation unnecessary.
Steps to Move a Motion in Terms
Before moving a motion in terms, there are a few things to sort out. First, make sure the opposing party has been served with the motion. Also, confirm that they are not planning to oppose it. The court will usually ask them to confirm this.
Next, know the details of your motion. Be familiar with the date on the motion paper. Remember the date it was filed and the motion number, if there is one. These simple steps will help you handle the process smoothly and confidently.
Step 1. Inform the Court About the Motion
Begin by stating the motion’s filing date and the date on the motion paper. For example, you might say:
“May it please the court, the motion before your Lordship is dated [date] and filed on [date].”
Step 2. Apply to Move in Terms
Politely request to move in terms by stating:
“My Lord, we humbly apply to move in terms of the motion paper. The application is unopposed, and we are most obliged.”
Step 3. Gauge the Reaction of Opposing Counsel
The court will ask opposing counsel if they object to your motion.
My Lord: “Counsel, have you been served with the mentioned Motion Paper?”
Opposing Counsel: “Yes My Lord, We have been served”
My Lord: “Are you opposing the Application?”Opposing Counsel: “No my Lord, it is a harmless Application and we are not opposed to the Application”
Step: 4. Wait For the Courts Order on Your Request To Move in Terms
The Court might either allow you to move your motion in terms or refuse it. If the Court wants you to move in terms, the court may likely say something like:
“Counsel Proceed to Move in terms”
Step: 5. Summarize Your Application
By moving in terms, you do not need to detail the prayers, affidavits, or supporting documents explicitly. The court assumes that the motion aligns with the documents in its file. All you have to say afterwards is:
“My, the motion before your Lordship is dated [date] and filed on [date].
We humbly move in terms of the motion paper and urge your Lordship to grant all the prayer as per our motion paper.
We are most obliged.”
Step: 6. Allow the Court to Decide
After your your done, you simply seat down and wait for the court will deliver its ruling. In most cases, the court will grant the motion, provided it is straightforward and unopposed.
Why Do Courts Allow Motions in Terms?
- Efficiency: Courts often prefer to save time by handling non-contentious matters quickly.
- Judicial Familiarity: Judges typically review motions beforehand, ensuring they are familiar with the details.
- Trust: Courts assume that lawyers will adhere to the motion filed, though this trust has occasionally been abused in the past.
Important Considerations
- Court-Specific Practices: Not all courts allow lawyers to move motions in terms. Some judges, especially when dealing with young lawyers, may insist on a full presentation of the motion. This is to allow them to master the process of motion a motion.
- Trust and Integrity: Always ensure that the motion you move corresponds with the one filed. Misrepresenting a motion can erode trust and lead to severe consequences.
- Younger Lawyers: If you are new at the bar or unfamiliar with a particular court, it is safer to move your motion fully unless instructed otherwise.
See Also: How to Move a Motion / Application in Nigerian Courts – MSolicitors.com
Conclusion
Moving a motion in terms is a simple yet significant procedural step for legal practitioners. By summarizing the motion, you save the court’s time while still effectively presenting your application. However, understanding the preferences of the court and the presiding judge is key to doing this successfully.
With practice, moving motions—whether fully or in terms—will become second nature.
For further guidance, explore video tutorials and resources like Buttock with Ola.