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Simple English definitions for legal terms
recall of mandate
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A quick definition of recall of mandate:
Recall of mandate is when an appellate court takes back the order it gave to a lower court after an appeal has been decided. This is usually done when there is a mistake or fraud, or if the original order would cause a big problem. It is not done often because it can cause confusion and make it hard to know what the final decision is. A mandate is an order from a higher court to a lower court to do something specific.
A more thorough explanation:
Definition: Recall of mandate is an extraordinary action taken by an appellate court to withdraw the order it issued to the trial court after deciding an appeal. This action is usually taken after the deadline has passed for the losing party to seek a rehearing. It is used to correct clerical errors, remedy fraud on the court during the appeal, or when the original mandate would result in a grave injustice. A mandate is an order from an appellate court directing a lower court to take a specified action.
Example: An appellate court orders a lower court to dismiss a case. However, after the deadline for a rehearing has passed, the appellate court realizes that it made a mistake and that the case should not have been dismissed. The appellate court can then use the power of recall of mandate to withdraw the order it issued to the lower court.
This example illustrates how recall of mandate is used to correct a mistake made by the appellate court and prevent a grave injustice from occurring.