IOP § IV(A): Case Conference and Preparation of Opinions and Orders
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: IV. Deciding the Appeal
The court rarely rules from the bench. The hearing panel ordinarily takes the cases argued under advisement and holds a conference at the conclusion of the day’s oral arguments, reaching a tentative decision in each case. The presiding judge on the panel assigns each case for preparation of a signed opinion, per curiam opinion, or a dispositive order. The judge to whom the case is assigned circulates a proposed opinion or order to the members of the panel who may approve, offer suggestions, or circulate a concurring or dissenting opinion. When at least two members of the hearing panel approve the proposed opinion or order and the third judge either joins or prepares a separate opinion, the decision is released and the judgment is entered. The court strives to issue all opinions within ninety days after argument.