amendment. 1. A formal revision or addition proposed or made to a statute, constitution,
pleading, order, or other instrument; specif., a change made by addition, deletion, or correction;
esp., an alteration in wording. [Cases: Constitutional Law 4, 10; Statutes 131. C.J.S.
Constitutional Law §§ 5–6; Statutes§ 243.] 2. The process of making such a revision.
amendment as of course.An amendment, usu. to pleadings, that a party has a statutory right to
apply for without the court’s permission.
amendment on court’s own motion.A change to a pleading or other document by the judge
without a motion from a party. [Cases: Federal Civil Procedure 826; Pleading 232. C.J.S.
Pleading § 326.]
nunc pro tunc amendment (n<<schwa>>ngk proh t<<schwa>>ngkornuungk proh tuungk).
An amendment that is given retroactive effect, usu. by court order. [Cases: Judgment 326;
Motions 56(2). C.J.S. Judgments § 299; Motions and Orders §§ 51, 61.]
3.Parliamentary law. A motion that changes another motion’s wording by striking out text,
inserting or adding text, or substituting text. See AMEND (2). Cf. BLANK(2).
amendment by adding.An amendment that places new wording at the end of a motion or of a
paragraph or other readily divisible part within a motion. • Some authorities treat amendment by
adding as a form of amendment by inserting. Cf. amendment by inserting.
amendment by inserting.An amendment that places new wording within or around a motion’s
current wording. • Some authorities distinguish amendment by adding, which places new wording
after the current wording, from amendment by inserting. Cf. amendment by adding.
amendment by striking out.An amendment that removes wording from a motion’s current
amendment by striking out and inserting.An amendment that removes wording and replaces
it with alternative wording. • The motion can properly apply only to inserting wording in place of
the wording being struck out; it cannot strike out some wording and insert new wording in a
different place. See amendment by substituting; CREATE A BLANK.
amendment by substituting. 1. A special type of amendment by striking out and inserting that
replaces an entire main motion or a paragraph or other readily divisible part within a main motion;
an amendment of greater scope than a perfecting amendment. Cf. perfecting amendment. 2. An
amendment by striking out and inserting. See amendment by striking out and inserting. — Also
termed amendment in the nature of a substitute (in sense 1); substitute; substitution; substitute
amendment. • Parliamentary writers differ on when an amendment by striking out and inserting
qualifies as an amendment by substituting. Some manuals treat the two as equivalent and apply the
same rules to them. Others maintain that an amendment is not a substitute unless it replaces the
entire main motion — or at least a readily divisible part within the main motion — and apply
different rules to an amendment by substituting than to a less drastic amendment.
amendment in the nature of a substitute.See amendment by substituting (1).
amendment of the first degree.See primary amendment.
amendment of the first rank.See primary amendment.
amendment of the second degree.See secondary amendment.
amendment of the second rank.See secondary amendment.
amendment to the amendment.See secondary amendment.
amendment to the main question.See primary amendment.
amendment to the text.See primary amendment.
committee amendment.An amendment to a motion reported by a committee to which the
motion was referred.
first-degree amendment.See primary amendment.
floor amendment.An amendment offered from the floor by an individual member, as
distinguished from a committee amendment. Cf. committee amendment.
friendly amendment.An amendment that the mover of the motion being amended supports,
and to which no other member objects.
“The term ‘friendly amendment’ is often used to describe an amendment offered by someone
who is in sympathy with the purposes of the main motion, in the belief that the amendment will
either improve the statement or effect of the main motion, presumably to the satisfaction of its
maker, or will increase the chances of the main motion’s adoption. Regardless of whether or not
the maker of the main motion ‘accepts’ the amendment, it must be opened to debate and voted on
formally (unless adopted by unanimous consent) and is handled under the same rules as
amendments generally.” Henry M. Robert, Robert’s Rules of Order Newly Revised § 12, at 154
(10th ed. 2000).
“Often, such an amendment is proposed as a ‘friendly amendment,’ simply indicating that the
member proposing the amendment feels it will be acceptable to the maker of the main motion. If
the maker of the original motion does not wish to accept the amendment, the amendment must
then receive a second to come before the assembly, and will receive the usual consideration by the
assembly. However, even the acceptance of the proposed amendment by the maker of the motion
is simply a statement of support, and every member of the assembly retains the right to object to
the amendment’s adoption by general consent, and to debate and vote on the amendment.” Alice
Sturgis, The Standard Code of Parliamentary Procedure 53 (4th ed. 2001).
hostile amendment.An amendment that is opposed by the supporters of the main motion.
killer amendment.An amendment that has the effect, intended or not, of ensuring the defeat of
the main motion.
nongermane amendment.An amendment that adds an unrelated rider. • A nongermane
amendment is out of order in most ordinary assemblies and many legislative bodies. But some
legislative bodies, in jurisdictions where legislation may embrace more than one subject, allow
nongermane amendments to a bill. See RIDER.
perfecting amendment.An amendment that merely edits the form of a main motion or a
primary amendment but does not substantially change its content; an amendment of lesser scope
than an amendment by substituting. Cf. amendment by substituting (1).
primary amendment.An amendment that directly amends the main motion. Cf. secondary
pro forma amendment.An amendment moved solely for the purpose of obtaining the floor
and treated as with-drawn once the mover has spoken. • The customary pro forma amendment in
Congress is a motion “to strike the last word.”
secondary amendment.An amendment that alters a pending primary amendment. Cf. primary
second-degree amendment.See secondary amendment.
substitute amendment. 1. A secondary amendment that substantially replaces rather than edits
a primary amendment. 2. See amendment by substituting. [Blacks Law 8th]