XXV. Deciding an Appeal

From Ca7Wiki

Although the court will occasionally decide the case from the bench, it usually reserves judgment at the conclusion of the oral argument. A conference of the panel is held promptly after oral arguments. Normally a tentative decision is reached at this conference. Additional conferences sometimes are necessary. The presiding judge of the panel assigns the cases for preparation of the signed opinions, per curiam opinions, or orders. Copies of a proposed opinion or order are circulated to members of the panel, who may approve, offer suggestions, or circulate a concurring or dissenting opinion. When a proposed opinion or order has the approval of at least two judges and the third judge has had an opportunity, if he or she so desires, to prepare a separate opinion, the decision is ready for release.

Whether the decision will be by published opinion or unpublished order is determined by a majority of the panel, based on the guidelines set forth in Circuit Rule 53(c). Unpublished orders are issued in frivolous appeals and in appeals which involve only factual issues or concern the application of recognized rules of law. An order will include a summary statement of the reasoning on which the court’s decision is based. Orders may not be cited or used as precedent in any federal court within the circuit except to support a claim of res judicata, collateral estoppel, or law of the case. Any person may request that a decision by unpublished order be issued as a published opinion, but the requesting party must state why the publication of the decision as an opinion is consistent with the guidelines set forth in Circuit Rule 53(c)(1).

If the decision is by opinion, it will be printed and then released. If the decision is by order, the original will be duplicated and released. A copy of the opinion or order is mailed to every party who has filed an appearance. Copies of opinions are forwarded to the various legal publishers.