The Nuts and Bolts of an Appellate Mandate
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Message: The Nuts and Bolts of an Appellate Mandate
In that sense, the mandate is merely a ministerial chore that has little consequence other than formally ending the appeal. But the mandate is important to remember because it affects when, and what, further action may be taken in a case. Importantly, if the appellate relief includes proceedings on remand, the mandate defines the scope of those proceedings.
This refresher on the appellate mandate addresses its basic, procedural aspects, as well as the substantive consequences of its issuance.
This refresher on the appellate mandate addresses its basic, procedural aspects, as well as the substantive consequences of its issuance.
At its most basic, the mandate is the device by which an appellate court closes an appeal and transfers jurisdiction to another court. Federal Rule of Appellate Procedure 41, with any modifications by local rule, governs procedural aspects of the mandate.
The mandate is often no more than the appellate court’s opinion and judgment stamped with the word “mandate,” and it issues at the end of an appeal, long after the hard work of briefing and argument is over. The mandate’s effect on jurisdiction and further proceedings, however, makes it important to factor into the schedule and next steps of a case.
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