Motion to vacate

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A motion to vacate is a formal proposal to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided.

Video Motion to vacate

Legal use

In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.

Maps Motion to vacate

Parliamentary use

In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer (or 'chair') step down. This is commonly referred to as a "motion to vacate the chair".

In the U.S. House of Representatives

The use of a motion to vacate the chair has been very rare in the United States House of Representatives, where under House rules it is considered a 'privileged' motion, meaning any Member can offer such a motion at any time, and the motion is subject to an immediate vote.

In 2015, Representative Mark Meadows filed, as 'non-privileged', a motion to vacate the speakership of John Boehner. Because Meadows had filed his motion as a 'non-privileged' motion, it was referred to the Rules Committee, instead of triggering an immediate floor vote. The motion, however, did contribute to Speaker Boehner eventually submitting his resignation in September 2015.

A motion to vacate the chair had only been attempted once previously in the House of Representatives, in March 1910.

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See also

• Vacated judgment

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References

Source of the article : Wikipedia