jstackpo

Amend as an Incidental Main Motion (IMM)

3 posts in this topic

Page 66 is clear that the subsidiary motion "To Amend" can also be offered as an IMM when nothing is pending. 

But amend what?  Since nothing is pending, the IMM to amend could only refer to some motion that was adopted in the past.  But that is exactly what the motion "Rescind/Amend Something Previously Adopted", p. 305, sets out to do.  Indeed, R/ASPA is identified as an IMM, p.305, line 6.

So why is the subsidiary motion to amend indicated, p. 66, to be "available" as a potential IMM?  Is there a difference between the two "forms" of amend?

Might there be a possibility of confusion if it was thought (by someone who skimmed over the exceptions on page 103's  SDC #7) that the P. 66 IMM "version" of "Amend" could be adopted by a majority vote as are most Main Motions?  What added value is gained by including "amend" in the panoply of IMMs?

Share this post


Link to post
Share on other sites
16 minutes ago, jstackpo said:

Page 66 is clear that the subsidiary motion "To Amend" can also be offered as an IMM when nothing is pending. 

I'm afraid that this paraphrasing of what is said on page 66 is highly misleading. It does not say that the subsidiary motion to Amend can also be offered as an incidental main motion. It says that there is an incidental main motion corresponding to the motion to Amend, and suggests that you look at page 101 for the definition of an incidental main motion.

The incidental main motion corresponding to the subsidiary motion to Amend is the motion to Amend Something Previously Adopted (as our friend George points out is noted by what is said on page 130)

 

Share this post


Link to post
Share on other sites
Guest
You are commenting as a guest. If you have an account, please sign in.
Reply to this topic...

×   You have pasted content with formatting.   Remove formatting

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

Loading...