OUT OF ORDER

out of order. 1. (Of a motion) not in order <the motion is out of order because it conflicts with the bylaws>. See IN ORDER. • A motion may be “out of order” because it is inherently inappropriate for the deliberative assembly’s consideration at any time (e.g., because it proposes an unlawful action). A motion that is not appropriate simply because it is brought before the meeting at the wrong time but that may be appropriate for consideration at another time is more precisely referred to as “not in order.”

“Motions that conflict with the corporate charter, constitution or bylaws of a society, or with procedural rules prescribed by national, state, or local laws, are out of order, and if any motion of this kind is adopted, it is null and void. Likewise, motions are out of order if they conflict with a motion that has been adopted by the society and has been neither rescinded, nor reconsidered and rejected after adoption. Such conflicting motions, if adopted, are null and void unless adopted by the vote required to rescind or amend the motion previously adopted.” Henry M. Robert, Robert’s Rules of Order Newly Revised § 39, at 332 (10th ed. 2000).

2. (Of a person) guilty of a breach of decorum or other misconduct during a meeting <the member is out of order>.

[Blacks Law 8th]