Resolutions

[BettyH]

If 5 resolutions are being presented and voted on for an upcoming trial can a new motion be taken in the middle of the resolutions? For example the Manager of the trial did not want to accept the position if an outside attorney was going to be allowed. Therefore he stopped the resolutions and a motion was made to vote if an outside attorney could be present then we returned to proceed with the remaining resolutions.  

[Alicia Percell, PRP]

It depends very much on the nature of the new motion and how it was taken up.  Was it an amendment to the pending main motion (the bundle of 5 resolutions), such that the decision about allowing an outside attorney would become part of the bundle of resolutions?  If so, then yes, you vote on amendments to the pending motion first.  Given that the decision of the trial manager depended on the outcome of the new motion, it might have been appropriate to table the pending bundle of resolutions, handle the other motion, and then return to the bundle of 5 resolutions by taking them from the table.

[Rob Elsman]

On 1/1/2023 at 4:42 PM, Alicia Percell, PRP said:

...to table...

This is an unfortunate term that is often misunderstood to mean "to dispose of permanently". The use of it should be dropped.

I cannot imagine what objection the manager might have to the defendant's use of an attorney, but he could have spoken in debate against the resolution and offered his resignation if the resolution were adopted. I cannot imagine why the handling of the five resolutions offered in a series would have been stopped. However, like @Alicia Percell, PRP, I suspect there might be more relevant facts than are known.

[Gary Novosielski]

On 1/2/2023 at 9:54 AM, Rob Elsman said:

I cannot imagine what objection the manager might have to the defendant's use of an attorney

 I can.

He might feel that the case is so weak it would not stand up to scrutiny by someone qualified to examine such matters.

[Josh Martin]

On 1/1/2023 at 3:17 PM, BettyH said:

If 5 resolutions are being presented and voted on for an upcoming trial can a new motion be taken in the middle of the resolutions?

Yes, although exactly how to do this will depend upon what exactly is currently pending and exactly what the new motion is. If the new motion is germane to the pending resolution, for instance, it could be made as an amendment.

In the event that making this motion as an amendment to one of the resolutions would not be appropriate, there are other tools to accomplish this purpose, such as a motion to Suspend the Rules (2/3 vote required) or motion(s) to Lay on the Table (majority vote required, but only one resolution can be laid on the table at a time, so this may take several such votes). Such tools would, however, require the assembly's approval, not just the demand of one member.

On 1/1/2023 at 3:17 PM, BettyH said:

For example the Manager of the trial did not want to accept the position if an outside attorney was going to be allowed. Therefore he stopped the resolutions and a motion was made to vote if an outside attorney could be present then we returned to proceed with the remaining resolutions.  

Without additional facts regarding what exactly was pending at the time, I can't say for certain whether this was handled properly.

Certainly there does not appear to be a continuing breach, so it's too late to raise a Point of Order now.

Edited January 2, 2023 at 11:07 PM by Josh Martin