Objective

2.2 To ensure that decisions of the courts of appeal are clear and the form of the opinion is controlled by Rule 2-16, Uniform Rules, Courts of Appeal.

Intent of the Objective

Clarity is essential in all appellate decisions. Clear judicial reasoning facilitates the resolution of unsettled issues, the reconciliation of conflicting determinations by lower tribunals, and the interpretation of new laws. An appellate court should issue a written opinion when it completely adjudicates the controversy before it. Ending the controversy necessarily requires that a court address and resolve the dispositive issues of the case. Understanding of the resolution of the dispositive issues is enhanced when the court explains the reasoning that supports its decision. At a minimum, the parties to the case and others interested in the area of law in question expect and are due an explicit rationale for the court’s decision. Thus, written opinions should set forth the dispositive issues, the holding, and the reasoning that supports the holding. The length of an opinion does not necessarily determine its clarity. Clarity in an opinion is manifested when the court has conveyed its decision in an understandable fashion and when its directions to the lower tribunal are plain when the court remands a case for further proceedings. By applying the criteria set out in Uniform Rule 2-16, the judges of the Courts of Appeal select the form of decision – a full opinion, a concise memorandum opinion, or a summary disposition - that best satisfies the need for clarity in a particular case.

Responses To Objective

1. Actions taken during FY 2017-2018 to ensure that the decision of the courts of appeal were clear and the form of the opinion was controlled by Rule 2-16 of the Uniform Rules.