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Legal Definitions - secondary motion
Definition of secondary motion
A secondary motion is a proposal made during a formal meeting, such as a legislative session, board meeting, or committee hearing, that relates to the handling or disposition of another, primary proposal (known as the "main motion"). Unlike a main motion, which introduces a substantive issue for consideration, a secondary motion deals with procedural aspects, such as how to modify, delay, or dispose of the main motion itself, or how to manage the discussion. These motions typically take precedence over the main motion and must be decided before the main motion can proceed or be voted upon.
Example 1: Corporate Board Meeting
Imagine a company's board of directors is discussing a "main motion" to approve a new marketing strategy for the upcoming quarter. During the discussion, a board member states, "I move to amend the marketing strategy proposal to include a greater focus on digital advertising platforms."
This proposal is a secondary motion because it doesn't introduce a new, unrelated topic. Instead, it directly proposes a change or modification to the existing main motion (the marketing strategy proposal). The board would typically vote on this amendment before voting on the overall marketing strategy.
Example 2: Homeowners' Association (HOA) Meeting
During an HOA meeting, a "main motion" is on the floor to approve a proposal for repainting all community fences. A homeowner then says, "I move to postpone the vote on the fence repainting indefinitely until we have secured at least three bids from different contractors."
This is a secondary motion because it doesn't propose a new action regarding the fence repainting itself, but rather dictates how the main motion (the vote on the repainting proposal) should be handled – specifically, to delay its consideration until certain conditions are met.
Example 3: Legislative Committee Hearing
A state legislative committee is reviewing a "main motion" in the form of a proposed bill that aims to reform local public transportation funding. After initial debate, a committee member proposes, "I move to refer this bill to the Subcommittee on Infrastructure for further detailed review and expert testimony."
This proposal is a secondary motion because it doesn't debate the merits of the transportation funding bill directly. Instead, it suggests a procedural step for handling the main motion (the bill) by sending it to a smaller, specialized group for more in-depth examination before the full committee makes a final decision.
Simple Definition
A secondary motion is a formal request made to a court that is related to or dependent upon a primary motion already before the court. It typically addresses procedural matters, seeks to modify an existing request, or arises as a consequence of another motion.