Handbook XII.B: Case Conferences

In this Circuit, cases decided on the merits are generally discussed at a case conference. If the case was argued, the conference generally takes place later the same day; if the case was submitted without argument, it is usually discussed at the same conference as the cases with which it was originally scheduled. This Court does not ordinarily decide argued cases from the bench.

At the conference, the members of the panel reach agreement on the form as well as the substance of the decision. If the panel decides to issue an opinion or memorandum, the presiding judge assigns the responsibility for writing it, unless he or she is in the minority, in which event the senior member of the panel in the majority designates the author. When a case has been submitted without oral argument, the screening judge usually prepares the opinion or memorandum.