What is the essential test for a motion in court?

In the context of making a motion in court, the essential test that typically applies revolves around the likelihood or probability of success on the merits of the case being argued. This means the court will assess whether the applicant has shown a sufficient likelihood that they will prevail if the matter were to go to trial.

The "likelihood of success" test serves as the guiding standard here, reflecting the court's role in evaluating the strength of a party's position rather than determining outright certainty or a burden akin to "reasonable doubt," which is more applicable in criminal law. The "clear and convincing" test relates to a higher standard of proof used in specific civil cases, such as those involving fraud, and would not be the general standard for motions.

While the idea of having "no chance of success" suggests that a motion may be dismissed if there's no viable legal argument, the true essential test focuses on whether the party is likely to succeed based on the evidence and arguments presented. Therefore, the assertion that the motion is evaluated under an understanding of its chances for success aligns with judicial assessment principles, reinforcing why that approach is critical in motion practice.