Appellate Practice
Mandate
The formal order by which an appellate court returns jurisdiction to the lower court after appeal.
Governing rule: Fed. R. App. P. 41
Plain-English definition
The mandate is the appellate court’s official transmission of its judgment back to the lower court. Until the mandate issues, the lower court may have limited authority to act on matters affected by the appeal. The mandate tells the lower court what happens next.
How it works
The mandate usually issues after the time for rehearing expires or after rehearing is resolved. A party may seek to stay the mandate in limited circumstances.
Why it matters
The mandate is the handoff from appeal back to trial court. It controls when remand proceedings can begin.
Related terms
More in Appellate Practice
Abuse of Discretion
A deferential appellate standard used when reviewing many trial-management and discretionary decisions.
Affirm
An appellate court's confirmation that the lower court's decision was correct and should stand.
Amicus Curiae
Latin: 'friend of the court.' A non-party who files a brief offering perspective or expertise on a legal question before the court.
Certiorari
A discretionary appellate review, especially the U.S. Supreme Court's review of decisions from lower courts.
Clear Error
A deferential standard for reviewing factual findings, reversed only when the appellate court is firmly convinced a mistake was made.
De Novo Review
An appellate standard where the reviewing court gives no deference to the lower court’s legal conclusion.
Dictum
A statement in a court opinion that is not necessary to the holding and therefore not binding precedent.
En Banc
French: 'on the bench.' A hearing or rehearing before all the judges of an appellate court rather than the usual three-judge panel.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.