Motion to Recall Mandate
A Motion to Recall Mandate is a formal request made to the appellate court to recall the mandate issued after a judgment, allowing the petitioner an opportunity to seek a remedy or correction in the case.
Before filing, thoroughly review the court’s rules and regulations pertaining to recalling a mandate. The motion must clearly establish valid grounds for recalling the mandate and how it is necessary for justice in the case.
How to Draft:
- Start with a clear statement of your request to recall the mandate.
- Provide detailed reasons for the recall, explaining why it is necessary and justified.
- Cite any applicable legal authorities or case laws that support your position.
- Ensure the motion adheres to the court’s specific rules regarding format and content.
Once drafted, file the motion with the court clerk, along with any required fees. Serve copies to all relevant parties as per court rules. The court will then review the motion and make a ruling based on its merits.
Filing a Motion to Recall Mandate is an essential legal step when seeking a remedy or correction post-judgment. By thoroughly understanding the court’s requirements, meticulously preparing your motion, and following proper filing procedures, you increase the likelihood of the court granting your motion, thereby ensuring that justice is served in your case.