Amendment, in judicial proceedings, means the correction of any errors or the supplying of any omissions in the record of a civil action or in a criminal indictment. The power to do this has been greatly extended of late, and has largely improved and simplified the administration of the law, both in England and in Scotland. In criminal proceedings, greater strictness is observed, but in civil actions, almost any amendment will now be allowed by the courts which does not embarrass or surprise the opponent, and does not subject a larger property to the conclusions of the action, or does not subject the defender in a larger pecuniary liability. The Judicature Act, 1873, and the Court of Session Act, 1868, are the main sources of this power in England and Scotland respectively.
In the United States, amendments were authorised to be made by courts of general jurisdiction at common law. The equitable power of amendment of pleadings and proceedings in the courts, and in all the various steps in a cause, has been conferred on the United States courts by acts of congress. The changes and additions made to the constitution of the United States during the last hundred years are called the amendments. The senate may amend money bills passed by the House of Representatives, but cannot originate such bills.
In British parliamentary procedure, the object of an amendment is generally to effect such an alteration in a question or motion as will make certain members vote in favour of it who, without such alteration, must either have voted against it, or have abstained from voting. This is quite distinct from the false amendment, which, like the 'previous question,' is intended to evade an expression of opinion on the main question, and which is effected by moving the omission of all the words in the question after the word 'that' at the beginning, and the substitution of other words of a different import. Proper amendments are obviously of great convenience to a deliberative assembly, because otherwise they would be compelled to express a positive or negative opinion upon the whole question as put. The amendment may even contain an alternative proposition wholly opposed to the original question. An amendment is generally put to the House in the form, 'That the words proposed to be left out stand part of the question;' the insertion or addition of new words being subsequently voted on. No amendment can be made in the earlier part of a question, after the later part has been considered. Words which have been voted to stand part of the question cannot afterwards be amended. An amendment of an amendment may be proposed, where the original amendment is simply to leave out words; and the original amendment becomes for the time the question. If the previous question is moved before an amendment, it must be voted on before the amendment, but it is obviously convenient that an amendment should be disposed of before the previous question. An amendment does not require notice, although notice is usually given. It must, however, be relevant to the question. Thus, when the question was as to Michael Davitt's capacity to sit in the House, an amendment for a free pardon was held irrelevant. These rules must be kept in view by those who desire to follow the proceedings of parliament. The amendments moved to public and private bills at their various stages are all technical in form, and all that needs be said is that, according to practice, amendments are not moved to the motion for the first reading of a bill. The rules adopted in parliament as to amendments to questions should, as far as possible, be followed by the chairmen of public meetings. In particular, it is desirable to dispose of one amendment before another is proposed.