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Simple English definitions for legal terms
primary amendment
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A quick definition of primary amendment:
A primary amendment is a change made to a law or document by adding, deleting, or correcting words. It is the first amendment proposed and can be made without permission from the court. There are different types of primary amendments, such as adding new wording at the end of a motion or within the current wording. A friendly amendment is one that the person who made the original proposal supports, but it still needs to be debated and voted on by the group.
A more thorough explanation:
A primary 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.
- 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.
These examples illustrate how a primary amendment can be applied in different legal situations. For instance, an amendment as of course is a right that a party has to make changes to their pleadings without seeking permission from the court. On the other hand, a nunc pro tunc amendment is a retroactive change that can be made by court order.