Drafts formal appellate mandates that conclude the appeal process and direct trial courts to implement appellate decisions. Extracts disposition language, remand directives, and procedural history from appellate records to construct jurisdiction-specific mandate orders. Use when preparing mandate orders, returning jurisdiction to lower courts, or formalizing appellate dispositions after ruling.
Drafts the formal order issued by an appellate court concluding the appeal and directing the trial court to implement the appellate decision.
Gather before drafting:
| Element | Requirement |
|---|---|
| Court name | Full formal name of issuing appellate court |
| Receiving court | Full formal name of trial court |
| Party designations | Mirror appellate record exactly |
| Case numbers | Both appellate and trial court numbers |
| Opening recital | "This mandate is issued pursuant to this Court's judgment dated [date]..." |
Standard formulation matching actual disposition:
IT IS ORDERED that the judgment of the [trial court] is [AFFIRMED / REVERSED / REVERSED AND REMANDED / MODIFIED / DISMISSED].
For remands, specify with particularity:
| Remand Type | Required Specificity |
|---|---|
| New trial | All issues or only specified matters |
| Entry of judgment | In whose favor and on what basis |
| Partial remand | Which issues are foreclosed vs. open |
| Conditional (e.g., remittitur) | Exact conditions and implementation steps |
| Damages/remedies | Calculation instructions or caps from opinion |
Extract and incorporate verbatim any limiting language from the opinion regarding scope of proceedings on remand.
Calculate issuance date per applicable rules:
| Jurisdiction | Typical Auto-Issuance Period |
|---|---|
| Federal (FRAP 41) | 7 days after rehearing petition deadline expires |
| Most state courts | 21–30 days after final judgment |
Address in sequence:
Include clerk certification with: court name, judgment date, applicable rule citation, seal, clerk signature, and issuance date.
Filing instructions for trial court clerk:
[VERIFY][VERIFY]Key changes from the original: