The mandate issues after the time for rehearing expires or a rehearing petition is denied. Until it issues, the appellate court retains jurisdiction and the lower court cannot act on the appealed matters.
The mandate rule binds the lower court on remand.
Alternative Names:
Appellate Mandate, Issuance of Mandate
Why it Matters?
The mandate rule constrains what a trial court may do on remand, limiting it to the issues the appellate court left open and precluding relitigation of matters decided. Parties that attempt to reopen decided questions face a mandate violation, which the appellate court will correct on a second appeal. Reading the mandate's scope carefully before proceeding on remand prevents that outcome.
Frequently Confused with
Related terms
Frequently asked questions
What does the mandate rule constrain?
When does the mandate issue?
