Define: Secondary Motion

Secondary Motion
Secondary Motion
Quick Summary of Secondary Motion

A secondary motion refers to a formal request presented to a court seeking a particular ruling or order. It may involve a plea to alter a previous decision or to provide clarity on an existing order. Various types of secondary motions exist, including a motion for reduction, motion to modify, or posttrial motion. Depending on the circumstances, some motions may not require notification of the opposing party, while others may be disputed. Essentially, a secondary motion serves as a means for parties to seek court intervention on a specific matter related to their case.

Full Definition Of Secondary Motion

A secondary motion is a specific request made during a court proceeding that is related to the main motion being discussed. It is a type of motion that seeks a particular ruling or order from the court. Some examples of secondary motions include calendar motions, cross-motions, and motions to modify. These examples demonstrate how a secondary motion can be used to request a specific ruling or order from the court that is connected to the main issue being addressed.

Secondary Motion FAQ'S

A secondary motion is a motion made while another motion is pending, such as a motion to amend or a motion to postpone.

Yes, a secondary motion can be made while another motion is being debated, but it must be seconded and voted on before the original motion is voted on.

Examples of secondary motions include motions to amend, motions to postpone, motions to refer, and motions to limit or extend debate.

Yes, a secondary motion can be debated, but the debate is limited to the specific issue raised by the secondary motion and cannot stray into the merits of the main motion.

Yes, a secondary motion can be amended just like any other motion, as long as the amendment is germane to the secondary motion.

Yes, a secondary motion can be reconsidered if the main motion is also being reconsidered, but it cannot be reconsidered on its own.

Yes, a secondary motion can be withdrawn by the mover with the consent of the seconder and the majority of the assembly.

Yes, a secondary motion can be made while another secondary motion is pending, but it must be seconded and voted on before the previous secondary motion is voted on.

No, a secondary motion cannot be made during a vote on the main motion. It must be made while the main motion is pending.

No, a secondary motion must be related to a main motion that is currently pending in order to be in order.

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Disclaimer

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.

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