Adjournment: Difference between revisions
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==Law== |
==Law== |
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In [[law]], to adjourn'' means to suspend proceedings to another time or place, or to end them. A defendant may seek an adjournment to obtain legal advice or to prepare their case. Where a person is pleading not guilty, the matter will be adjourned for the prosecution to serve a brief of evidence, and again for a defended hearing. Where a defendant is pleading guilty, the matter may be adjourned for a presentence or background report.<ref>{{cite web|url=http://www.inmatecountyjail.com/jail-glossary/?explanatory_dictionary_alphabet_letter=A}}</ref> |
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In [[law]], to adjourn'' means to suspend proceedings to another time or place, or to end them. |
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{{seealso|Adjournment in contemplation of dismissal|Continuance}} |
{{seealso|Adjournment in contemplation of dismissal|Continuance}} |
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Revision as of 12:55, 6 May 2013
An adjournment is a suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place.
Law
In law, to adjourn means to suspend proceedings to another time or place, or to end them. A defendant may seek an adjournment to obtain legal advice or to prepare their case. Where a person is pleading not guilty, the matter will be adjourned for the prosecution to serve a brief of evidence, and again for a defended hearing. Where a defendant is pleading guilty, the matter may be adjourned for a presentence or background report.[1]
Parliamentary procedure
 | The examples and perspective in this section may not represent a worldwide view of the subject. (March 2013) |
| Class | Privileged motion |
|---|---|
| In order when another has the floor? | No |
| Requires second? | Yes |
| Debatable? | No |
| May be reconsidered? | No |
| Amendable? | No |
| Vote required | Majority |
In deliberative assemblies - bodies that use parliamentary procedure - adjournment occurs when the assembly is finished with business for the time being or to close a meeting or convention. Under Robert's Rules of Order Newly Revised (RONR), if no time or method has been fixed to reconvene the assembly, adjournment has the effect of dissolving the body.
A motion to adjourn is normally a privileged motion, unless qualified in any way (such as "adjourn at 10 p.m.") or unless adjournment would dissolve the assembly, in which case it must be a main motion. If a privileged motion, the motion yields to a motion to fix the time to which to adjourn, since that matter must be decided first.[2] The privileged motion to adjourn is generally used to end the meeting without completing some of the scheduled business, which is then carried over to either the next regular meeting (as "old business") or to a special (or "adjourned") meeting. When a body has completed the scheduled order of business at a meeting and there is no further business for the assembly to consider at that time, the chair may simply declare the meeting adjourned without a motion having been made. If a main motion, it cannot interrupt pending business, and is amendable and debatable.
Under Robert's Rules, a motion to adjourn is given high privilege even to the point of interrupting the pending question and, on adoption, it immediately closes the meeting. This is because a majority should not be forced to continue in session substantially longer than it desires and this is also the reason why this motion is not debatable. It cannot be made while another has the floor.[3]
The motion to adjourn can be renewed after "material progress" in business or debate, such as an important decision or speech. If no material progress has been made since the last motion to adjourn such renewed motion may be ruled dilatory by the chair.
A vote on a motion to lay on the table or recess does not count as business of a character to justify renewal of a motion to adjourn.[4] Along with the motion to fix the time to which to adjourn, recess, and take measures to obtain a quorum, it is one of the only motions allowed in the absence of a quorum.[4] The motion to adjourn is a privileged motion unless it is qualified in some way (as in the case of motion to adjourn at or to a future time), or the time for adjourning is already established, or the adjournment will dissolve the assembly with no provision another meeting.[4]
The Standard Code of Parliamentary Procedure (TSC) treats the motion to adjourn as a privileged motion but under fewer circumstances. Like RONR, TSC considers it a privileged motion (and thus non-debatable) when business is pending. As a privileged motion, however, TSC allows the motion to be amended to a limited extent to establish the time when the interrupted meeting will continue.[5] Unlike under RONR, however, it is considered a main motion (debatable and amendable) when no business is pending.
| Class | Privileged motion |
|---|---|
| In order when another has the floor? | No |
| Requires second? | Yes |
| Debatable? | No |
| May be reconsidered? | Yes |
| Amendable? | Yes |
| Vote required | Majority |
The motion to fix the time to which to adjourn is used to set the time (and possibly the place) for another meeting to continue business of the session. If it is moved while a question is pending, it is the highest ranking privileged motion. Otherwise, it is an incidental main motion.[6]
See also
References
- ^ http://www.inmatecountyjail.com/jail-glossary/?explanatory_dictionary_alphabet_letter=A.
{{cite web}}: Missing or empty|title=(help) - ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed., p. 225
- ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed., p. 227–228
- ^ a b c RONR, p. 329
- ^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 78
- ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised (10th ed. ed.). pp. p. 234.
{{cite book}}:|edition=has extra text (help);|pages=has extra text (help)
