RECALL OF MANDATE
recall of mandate.The extraordinary action by an appellate court of withdrawing the order it
issued to the trial court upon deciding an appeal, usu. after the deadline has passed for the losing
party to seek a rehearing. • Because this action can interfere with trial-court proceedings on
remand, and also because it clouds the waters that repose (the finality of a judgment) is meant to
clear, courts are reluctant to use the power. But they will use it to correct clerical errors or to
remedy a fraud on the court during the appeal. It has also been used when the original mandate
would result in a grave injustice. See MANDATE(1). [Blacks Law 8th]