What is the motion to rescind and how do you use it?
Asked by: Prof. Lori Reilly | Last update: May 5, 2026Score: 4.8/5 (36 votes)
A motion to rescind (or amend something previously adopted) is a formal parliamentary procedure in Robert's Rules of Order to completely cancel or revoke a decision made at a prior meeting, nullifying its ongoing effect, but the original action remains in the minutes; it's used when an action is ongoing and can still be undone, requires a two-thirds vote (or notice for majority), and is distinct from motion to reconsider, which has time limits and brings the matter back for debate. To use it, someone moves to rescind the prior motion, it's seconded, debated (if allowed), and voted on, with passage erasing the previous decision, unlike reconsidering which reopens discussion.
What is the purpose of the motion to rescind?
A motion to rescind is used to cancel, annul or revoke a previously adopted motion. Any member can raise this motion in subsequent meetings. It follows the same rules to pass as the motion to amend. If adopted, the original decision is erased from the records.
How to make a motion to rescind?
The motion to rescind can be introduced at a time when no other business is pending. After being recognized by the chair, a member makes the motion to rescind. The motion should include a description or reference to the decision in question (worded as closely as possible to any notice that has already been provided).
What is the difference between a motion to reconsider and a motion to rescind?
Unlike a motion to reconsider, a motion to rescind will not bring a matter back for further consideration or debate if adopted. Instead, a successful motion to rescind simply nullifies the prior action.
Which vote is needed to pass the motion to rescind?
Move to rescind. If previous written notice is given, a simple majority is required. If no notice is given, a 2/3rds vote is required.
Reconsidering A Motion
How do I rescind a board resolution?
A resolution of the board of directors can be revoked by adopting a new resolution of the board of directors on revoking the previous resolution (which is being revoked) at the next meeting of the board of directors.
What do you say when making a motion?
Once you have the floor, state the motion as “I move (state your motion here).” 2. Once the chairperson has heard your motion, any member may second it by saying, “I second the motion,” indicating approval of the motion. A motion may not be discussed or voted on unless it is seconded.
What are the grounds for rescission?
Rescission is unilateral when one party cancels due to the other party's material breach, fraud, duress, or misrepresentation; rescission is mutual when both parties agree to discharge their obligations; rescission is judicial when a court orders rescission because the contract is void or voidable for reasons such as ...
What is the success rate of motions for reconsideration?
Motion to reconsider success rates vary widely by jurisdiction and case type, generally being low (often under 20-30%) because they aim to correct clear errors, not reargue the case; however, success can jump significantly (e.g., up to 35% for some immigration motions) when clear overlooked evidence or misapplied law is presented, as it's sent back to the original decision-maker who can correct their own mistakes. Generic requests are rarely successful, requiring specific, compelling arguments showing manifest injustice or new facts/law.
What does rescind mean in legal terms?
rescind. v. to cancel a contract, putting the parties back to the position as if the contract had not existed. Both parties rescind a contract by mutual agreement, since a unilateral cancellation of a contract is a "breach" of the contract and could result in a lawsuit by the non-cancelling party. See also: rescission.
What are the requirements for rescission?
Recission by Mutual Consent
With mutual consent, all parties must freely and willingly agree to terminate the contract. The agreement to rescind must be clear and unambiguous. Upon rescission, the parties seek to restore themselves to their positions prior to entering into the contract.
What are common grounds for reconsideration?
Common grounds for reconsideration in legal or administrative matters include newly discovered evidence, clear errors of law or fact, an intervening change in controlling law, or to prevent manifest injustice, but generally not just because a party disagrees with the outcome. It's a request for the original decision-maker to review their ruling due to significant oversights or new developments, rather than an appeal to a higher court.
What's a good sentence for an amendment?
The amendment to the defense bill failed in a 22-to-36 vote. In 2020, the amendment failed to pass the statehouse by four votes. The entire text of the amendment is on the ballot this year.
What is an example of rescind?
To rescind means to officially cancel, revoke, or repeal something, like a law, offer, or decision, making it no longer valid, with examples including a company rescinding a job offer, a government rescinding a policy, or a judge rescinding a verdict. It's used for official actions, promises, or agreements rather than physical items, cancelling their legal or official effect.
How do you rescind a motion in Robert's Rules?
Any vote taken by an assembly, except those mentioned further on, may be rescinded by a majority vote, provided notice of the motion has been given at the previous meeting or in the call for this meeting; or it may be rescinded without notice by a two-thirds vote, or by a vote of a majority of the entire membership.
Who is protected by the right of rescission?
Rescission allows borrowers to cancel a loan within a three-day period. It applies specifically to loans secured by a primary residence. All parties with an ownership interest must receive proper disclosures. Written notice is required to exercise the right of rescission.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
Can a judge deny a motion for reconsideration?
A motion for reconsideration may be properly denied if based on unraised facts known to the movant prior to entry of judgment.
Why is it so hard to win an appeal?
To win on appeal, you must demonstrate a "reversible error." This is a significant mistake that likely changed the result of the case. A minor, harmless error that would not have altered the jury's verdict or the judge's decision is not enough to overturn a lower court's ruling.
What are the consequences of rescission?
The effect of rescission is to cancel a contract and restore the parties to their original positions as if the contract never existed, nullifying all obligations and returning any money or property exchanged. It's a remedy for problematic contracts (like those based on misrepresentation or mistake) that unwinds the transaction, making the contract void and allowing for potential damages if a party suffered harm, while usually voiding security interests in consumer loans.
What are my rights during rescission?
(1) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void and the consumer shall not be liable for any amount, including any finance charge.
What evidence is needed for a rescission claim?
To accomplish an effective rescission, there must be evidence of the traditional requirements for the creation of a contract: an offer and acceptance, a mutual assent, a meeting of the minds on the terms of their agreement, consideration, and an intent to rescind the former agreement on the part of both parties.
What vote is needed to rescind a motion?
Either (1) a majority of those present and voting (if notice that the motion will be made is given in advance), or (2) at least two-thirds of those present and voting (if notice that the motion will be made was not given in advance).
What two words must you use when making a motion?
When making a motion, the two essential words you must use are "I move" (or "I move that...") after being recognized by the chair, introducing a proposal for the group to discuss and vote on; this is followed by another member saying, "I second the motion".
What is a good sentence for motion?
She has a simple golf swing with no wasted motion. He made hand motions to get our attention. Her motion was voted on. The wax should be applied using a circular motion.