In parliamentary law, there are several types of requests. A request for leave to modify a motion occurs when someone desires to alter their own idea after it has been presented by the chair. To make this change, they must seek permission from the assembly. On the other hand, a request for permission to withdraw a motion arises when someone wishes to cease discussing their idea without reaching a decision. Additionally, a request to be excused from a duty is made when someone wants to be relieved of a responsibility they were assigned. Lastly, a request to read papers involves someone wanting to either read something aloud or have someone else read it on their behalf.
A request for leave to modify a motion occurs when a member of a parliamentary body seeks permission to amend their own motion after it has been stated by the chair. Once the chair has stated the motion, it becomes the property of the assembly, and the mover cannot modify it without the assembly’s permission. For instance, during a meeting, a member proposes a motion to increase the budget for a project. However, after the chair has stated the motion, the member realises they made a mistake and wants to modify it. In this case, they can request leave to modify the motion, seeking permission from the assembly to amend their original proposal. Another example could involve a member suggesting a change in the meeting time from 2 pm to 3 pm. However, after the chair has stated the motion, another member proposes changing the time to 4 pm instead. In this scenario, the original mover can request leave to modify the motion and change the time to 4 pm instead of 3 pm. These examples demonstrate how a member can request leave to modify a motion in order to rectify an error or incorporate new information or ideas into their original proposal.
Yes, you can request to modify a motion after it has been filed by submitting a Request for Leave to Modify a Motion to the court.
A Request for Leave to Modify a Motion is a formal request made to the court seeking permission to modify a previously filed motion.
You can file a Request for Leave to Modify a Motion at any time before the court makes a final decision on the motion.
Some common reasons for filing a Request for Leave to Modify a Motion include new evidence or information that was not available at the time of filing, a change in circumstances, or a need to correct errors or omissions in the original motion.
To file a Request for Leave to Modify a Motion, you need to draft a written request explaining the reasons for the modification and submit it to the court. It is advisable to consult with an attorney to ensure the request is properly prepared and filed.
The court will consider various factors, such as the reasons for the modification, the impact on the other party, and the overall interests of justice, before deciding whether to grant your request. There is no guarantee that the court will grant the modification.
Yes, the other party has the right to oppose your Request for Leave to Modify a Motion by filing a response with the court. They can present their arguments against the modification and provide any supporting evidence.
If the court grants your Request for Leave to Modify a Motion, you will be allowed to make the requested modifications to the original motion. The court may also schedule a hearing to further discuss the modifications.
If the court denies your Request for Leave to Modify a Motion, the original motion will remain unchanged, and you will need to proceed with the case based on the original motion.
In most cases, you can appeal the court’s decision on your Request for Leave to Modify a Motion if you believe there was an error in the decision-making process. However, it is crucial to consult with an attorney to understand the specific appeal process and requirements in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/request-for-leave-to-modify-a-motion/
- Modern Language Association (MLA):Request For Leave To Modify A Motion. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/request-for-leave-to-modify-a-motion/.
- Chicago Manual of Style (CMS):Request For Leave To Modify A Motion. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/request-for-leave-to-modify-a-motion/ (accessed: May 09 2024).
- American Psychological Association (APA):Request For Leave To Modify A Motion. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/request-for-leave-to-modify-a-motion/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts