Motion to vacate


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

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.

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 step down. That 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, contributed to the eventual resignation of Boehner in September 2015.
A motion to vacate the chair had been attempted only once in the House of Representatives, in March 1910.