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Legal Definitions - substitute amendment

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Definition of substitute amendment

A substitute amendment is a formal revision or addition proposed or made to a statute, constitution, pleading, order, or other instrument. It is a change made by addition, deletion, or correction, especially an alteration in wording. The process of making such a revision is also called an amendment.

  • Amendment as of course: An amendment, usually 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.
  • Nunc pro tunc amendment: An amendment that is given retroactive effect, usually by court order.
  • Committee amendment: An amendment to a motion reported by a committee to which the motion was referred.
  • Floor amendment: An amendment offered from the floor by an individual member, as distinguished from a committee amendment.

These examples illustrate how a substitute amendment can be applied in different contexts, such as in court proceedings or parliamentary law. They show how an amendment can be proposed by a party or a judge, or by a committee or an individual member in a legislative body.

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Simple Definition

A substitute amendment is a formal change proposed or made to a law, document, or order. It can involve adding, deleting, or correcting wording. In parliamentary law, it refers to a motion that changes the wording of another motion. There are different types of amendments, such as those made by adding, inserting, striking out, or substituting wording. A friendly amendment is one that the person who made the original motion supports and to which no one objects.

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