Point of order - wikipedia Point of order For the 1964 documentary film, see Point of Order ( film ). For other uses, see Point ( disambiguation ). In parliamentary procedure, a point of order is when someone draws attention to a rules violation in a meeting of a deliberative assembly. Contents 1 Explanation and uses 2 Legislative use 3 See also 4 References Explanation and uses Point of order ( RONR ) Class Incidental motion In order when another has the floor ? Yes Requires second ? No Debatable ? No ( but chair can permit explanation ), unless it is submitted to the assembly for a vote May be reconsidered ? No, unless it is submitted to the assembly for a vote Amendable ? No Vote required Is ruled by the chair, unless it is submitted to the assembly for a vote ( then it requires a majority vote ) In Robert 's Rules of Order Newly Revised ( RONR ), a point of order may be raised if the rules appear to have been broken. This may interrupt a speaker during debate, or anything else if the breach of the rules warrants it. The point is resolved before business continues. The point of order calls upon the chair to make a ruling. The chair may rule on the point of order or submit it to the judgment of the assembly. If the chair accepts the point of order, it is said to be ruled `` well taken ''. If not, it is said to be ruled `` not well taken ''. Generally, a point of order must be raised at the time the rules are broken or else it would be too late. For example, if a motion was made and discussion began on it, it would be too late to raise a point of order that the motion was not seconded. If such a motion was adopted without a second, it remains valid and not having a second becomes irrelevant. Exceptions to the rule that a point of order must be raised at the time of violation include that a point of order may be raised at any time a motion was adopted in violation of the bylaws or applicable law, in conflict with a previously adopted motion ( unless adopted by the vote to rescind it ), or in violation of a fundamental principle of parliamentary law. The ruling of the chair may be appealed to the assembly in most cases. A majority vote against the chair 's ruling is required to overturn it. A point of order is sometimes erroneously used to ask a question of information or a question of parliamentary procedure. If a member asks such a question, the chair should treat the question as the appropriate request. Legislative use In the United States Senate, the chair 's ruling on a point of order may be appealed by any Senator. Points of order with regard to the Budget Act or annual budget resolution may be waived by ​ ⁄ of the Senate 's entire membership. Rule XVI, which prohibits normal legislation in appropriations legislation, may be waived by ​ ⁄ of the Senate. The United States House of Representatives also allows points of order and appeals. In the Irish Oireachtas ( parliament ), a point of order can be used in relation to order in the assembly. However, the ruling of the chair in this assembly can not be appealed. Until 1998 in the British House of Commons, it was required that a member raising a point of order while the House is voting be wearing a hat so they could be easily seen. Two opera hats were maintained in the House for this purpose. This practice was abolished in accordance with the findings of the Select Committee on the Modernisation of the House of Commons. Deriving from this practice, in the Australian House of Representatives it continues to be customary for a member raising a point of order while the House is voting to hold a sheet of paper over the top of their head. See also Appeal ( motion ) Nuclear option References Jump up ^ Robert, Henry M. ; et al. ( 2011 ). Robert 's Rules of Order Newly Revised ( 11th ed. ). Philadelphia, PA : Da Capo Press. p. 249. ISBN 978 - 0 - 306 - 82020 - 5. Jump up ^ Robert 2011, p. 253 Jump up ^ Robert 2011, p. 250 Jump up ^ Robert III, Henry M. ; et al. ( 2011 ). Robert 's Rules of Order Newly Revised In Brief ( 2nd ed. ). Philadelphia, PA : Da Capo Press. p. 90. ISBN 978 - 0 - 306 - 82019 - 9. Jump up ^ Robert 2011, p. 251 Jump up ^ Robert 2011, p. 258 Jump up ^ `` QUESTIONS OF ORDER - Rules of the Senate - United States Senate Committee on Rules and Administration ''. www.rules.senate.gov. Retrieved 2016 - 02 - 16. ^ Jump up to : Saturno, James V. ( October 20, 2015 ). `` Points of Order in the Congressional Budget Process '' ( PDF ). www.fas.org. Congressional Research Service. Retrieved 2016 - 02 - 16. Jump up ^ `` APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS BILLS - Rules of the Senate - United States Senate Committee on Rules and Administration ''. rules.senate.gov. Retrieved 2016 - 02 - 15. Jump up ^ `` HOUSE PRACTICE '' ( PDF ). www.gpo.gov. U.S. House of Representatives. 2011. Retrieved 2016 - 02 - 16. Jump up ^ `` Report of the Committee on Procedure and Privileges on Parliamentary Standards '' ( PDF ). www.oireachtas.ie. May 12, 2010. Retrieved 2016 - 02 - 15. The Chair is the sole judge of order. A ruling of the Chair, once given, must be accepted and may be challenged only by way of substantive motion. It is grossly disorderly to cross-examine the Chair, by way of point of order or otherwise. Jump up ^ `` Early day motion 1623 - TOP HATS AND PARLIAMENTARY PROCEDURE ''. UK Parliament. Retrieved 2016 - 02 - 15. Jump up ^ `` House of Commons Hansard Debates for 4 Jun 1998 ( pt 19 ) ''. www.publications.parliament.uk. Retrieved 2016 - 02 - 15. Jump up ^ `` House of Representatives Practice, 6th Ed -- HTML version : Order of business and the sitting day ''. Parliament of Australia. Retrieved 3 September 2016. Parliamentary procedure Major concepts History of parliamentary procedure Principles of parliamentary procedure Deliberative assembly Committee Session Quorum Chair Floor Recognition Motion Second Debate Main motion Order of business Minutes Voting methods in deliberative assemblies Majority Unanimous consent Subsidiary motions Postpone indefinitely Amend Commit Postpone to a certain time Limit or extend limits of debate Previous question Cloture Lay on the table Privileged motions Call for the orders of the day Raise a question of privilege Recess Adjourn Fix the time to which to adjourn Incidental motions Point of order Appeal Suspend the rules Objection to the consideration of a question Division of a question Consideration by paragraph or seriatim Division of the assembly Motions relating to methods of voting and the polls Motions relating to nominations Request to be excused from a duty Requests and inquiries ( Parliamentary inquiry, Request for information, Request for permission to withdraw or modify a motion, Request to read papers, Request for any other privilege ) Motions that bring a question again before the assembly Take from the table Rescind, repeal, annul or amend something previously adopted Discharge a committee Reconsider Legislative procedures Call of the house Hoist Motion to pass on Recall of Parliament Disciplinary procedures Censure Declare the chair vacant Impeach Naming Parliamentary authorities Robert 's Rules of Order Newly Revised ( RONR ) The Standard Code of Parliamentary Procedure ( TSC or Sturgis ) Demeter 's Manual of Parliamentary Law and Procedure Riddick 's Rules of Procedure Mason 's Manual of Legislative Procedure Erskine May : Parliamentary Practice Jefferson 's Manual Bourinot 's Rules of Order Beauchesne 's Parliamentary Rules and Forms Morin code ABC of Chairmanship Retrieved from `` https://en.wikipedia.org/w/index.php?title=Point_of_order&oldid=833435192 '' Categories : Incidental motions Talk Contents About Wikipedia Deutsch فارسی Svenska 中文 Edit links This page was last edited on 31 March 2018, at 14 : 52 ( UTC ). 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Question: when can a point of order be raised
Answer: at the time the rules are broken