Mandate

What mandate means

In short, mandate is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where mandate comes up

For example, the term appears in these procedures:

• Petition for Rehearing or Rehearing En Banc (Fed. R. App. P. 40): a request that the court of appeals reconsider its decision, either by the same panel or by all the active judges sitting en banc. Under Rule 40 as amended in 2024, panel rehearing is the ordinary way to reconsider a panel decision, and rehearing en banc is not favored. En banc rehearing ordinarily will be allowed only if one of the criteria in Rule 40(b)(2) is met, such as a conflict with Supreme Court or circuit precedent or a question of exceptional importance.

Read the source: Remand.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses mandate in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• En banc: french for "on the bench." A case heard by all the active judges of a court of appeals rather than by a panel of three.
• Rehearing: a second hearing of a case by the same court to reconsider its decision. In the federal courts of appeals, a party may petition for panel rehearing or rehearing en banc under Federal Rule of Appellate Procedure 40.
• Litigant: a party to a lawsuit.
• Local rules: rules adopted by an individual court that supplement the general rules of procedure.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.