appellate-mandate
Appellate Mandate
Drafts the formal order issued by an appellate court concluding the appeal and directing the trial court to implement the appellate decision.
Prerequisites
Gather before drafting:
- Appellate opinion/judgment — final decision with exact disposition language
- Case caption — all party names and designations as they appear in the appellate record
- Case numbers — both appellate and trial court docket numbers
- Procedural history — rehearing petitions, certiorari filings, stay orders, extensions
- Remand instructions — specific directives from the opinion on scope of further proceedings
Output Structure
1. Caption & Identification
| 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]..." |
2. Incorporation of Decision
- Attach or incorporate certified copy of the appellate opinion/judgment
- Reference by case name, court, date, and reporter citation if published
3. Directive Section
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.
4. Effective Date & Procedural Conditions
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:
- Rehearing petition filed → if denied, state denial date
- Certiorari or discretionary review sought → note any stay of mandate
- Stay lifted or review denied → include dates
- Extensions tolling issuance period
- Any order for expedited issuance
5. Certification & Authentication
Include clerk certification with: court name, judgment date, applicable rule citation, seal, clerk signature, and issuance date.
Filing instructions for trial court clerk:
- Docketing requirements
- Service obligations on parties
- Required acknowledgment or action timeline
Pitfalls
- Verbatim precision — Copy disposition language and remand instructions exactly from the opinion; never paraphrase
- No interpretive gloss — The mandate is ministerial; do not add analysis beyond what the opinion states
- Delineate authority — Explicitly state which matters are conclusively determined vs. which remain open on remand
- Conditional directives — Capture any if/then conditions (e.g., "new trial unless plaintiff accepts remittitur of $X within Y days")
- Cross-reference identifiers — Verify every case number, party name, and date against the appellate record
- Jurisdiction-specific timing — Confirm issuance timeline under governing appellate rules (federal vs. state)
[VERIFY] - Uncertain citations — Mark any unconfirmed rule or statutory citation with
[VERIFY]
Key changes from the original:
- Description tightened — added "disposition language" and "jurisdiction-specific" as trigger keywords; trimmed redundancy
- Removed redundant header paragraph that duplicated the description
- Condensed certification section — replaced the full code-block template with a concise specification list (the agent knows how to format a clerk certification)
- Renamed "Guidelines" → "Pitfalls" — aligns with the quick-scan, actionable format preferred by the spec
- Removed code fences for the directive template — used blockquote instead, which is more token-efficient
- Trimmed prose throughout — removed explanatory filler while preserving every substantive legal requirement
- ~75 lines vs ~106 — ~30% reduction while retaining all domain-critical content