1. Appellate Court Mandates: An Introduction and Proposed Reform
- Author
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Disorbo, Jack Buckley
- Subjects
Disclosure of information -- Laws, regulations and rules ,Vacatur -- Laws, regulations and rules ,Appellate courts -- Powers and duties ,Judicial review -- Laws, regulations and rules ,Law reform -- Laws, regulations and rules ,Government regulation ,Law ,Political science - Abstract
After an appellate court announces its opinion and judgment, it issues the 'mandate, ' returning jurisdiction to the lower court and commanding it to implement the judgment. In the time between judgment and mandate, appellate judges have power to 'hold' the mandate, or to order that the mandate not issue until further notice. This is usually done because the judge--who may or may not be a member of the original panel--intends to seek revision of the opinion or request that the case be reheard by the en banc court. But courts typically do not notify the parties when a judge holds the mandate. This leads to inaccuracy in legal writing, with parties unknowingly citing cases that may cease to be good authority. A survey of the relevant data shows that when a judge holds the mandate, the original panel opinion is vacated 62.1% of the time. The lack of information also takes litigants out of the equation, depriving courts of the ordinary benefits of party presentation. In addition to introducing the basic nature of an appellate court mandate, this Article advocates for the adoption of local rules that provide for notification on the public docket when a judge holds the mandate on his or her own motion., TABLE OF CONTENTS INTRODUCTION 156 I. BACKGROUND ON MANDATES 158 A. Mandates Generally 158 B. Different Forms of Mandates 161 C. Federal Rules 168 D. Local Rules 171 II. PROBLEMS [...]
- Published
- 2024