Rule 2-16 Decisions of the Courts of Appeal

The decisions of the Court of Appeal may be expressed in one of the following forms: a full opinion, a concise memorandum opinion, or a summary disposition conforming to the provisions of this Rule. All opinions and summary dispositions shall contain the names of the judges who rendered the opinion or summary disposition.

2-16.1. Opinions of the Courts of Appeal

Opinions of the Court of Appeal, whether authored or per curiam, shall be formal opinions or memorandum opinions.

A. A case may be disposed of by formal opinion when at least one of the following criteria is satisfied. The formal opinion:

(1) establishes a new rule of law or alters or modifies an existing rule;

(2) involves a legal issue of continuing public interest;

(3) criticizes or explains existing law;

(4) applies an established rule of law to a factual situation significantly different from that in published opinions of the courts of this state;

(5) resolves an apparent conflict of authority; or

(6) constitutes a significant and non-duplicative contribution to legal literature because it contains:

(a) a historical review of the law;

(b) a review of legislative history; or

(c) a review of conflicting decisions among the courts or other jurisdictions.

B. Where the panel unanimously agrees that a case does not qualify for disposition by formal opinion, the case may be disposed of by a concise memorandum opinion. A memorandum opinion shall succinctly state:

(1) the court from which the appeal comes;

(2) the germane facts, including the ruling of the lower court;

(3) the issues and contentions of the parties when appropriate;

(4) the reasons for the decision;

(5) the judgment of the Court of Appeal; and

(6) a statement that the memorandum opinion is issued in compliance with Rule 2-16.1(B).

2-16.2. Summary Disposition

A. In any case in which the panel unanimously determines no jurisprudential purpose would be served by a written opinion and that any one or more of the following dispositive circumstances exist, the decision of the court may be made by summary disposition. A summary disposition may be utilized when:

(1) the Court of Appeal lacks jurisdiction;

(2) the disposition is clearly controlled by case law precedent, statute, or rules of court;

(3) the appeal is moot;

(4) the issues involve no more than an application of well-settled rules to recurring fact situations;

(5) the opinion or findings of fact and conclusions of law of the trial court or agency adequately explain the decision;

(6) no error of law appears on the record;

(7) the trial court or agency did not abuse its discretion;

(8) the record does not demonstrate that the decision of the trier of fact is clearly wrong (manifestly erroneous);

(9) the record demonstrates that the evidence in support of a criminal jury verdict is not insufficient; or

(10) the panel otherwise unanimously determines summary disposition is appropriate in accordance with the law and the evidence.

B. The court may dispose of a case by summary disposition with or without oral argument at any time after the case is docketed in the Court of Appeal. The disposition may provide for dismissal, affirmance, remand, reversal, or any combination thereof as is appropriate to the case.

C. When a summary disposition is issued, it shall contain:

(1) a statement describing the nature of the case and the dispositive issues without a discussion of the facts;

(2) a citation to controlling precedent, if any; and

(3) the judgment of the Court of Appeal and a citation to one or more of the criteria under this Rule which supports the judgment, e.g., “Affirmed in accordance with Uniform Court of Appeal Rule 2-16.2(A)(1).”

2-16.3. Publication and Citation

(1) A formal opinion of a Court of Appeal shall be designated for publication unless a majority of the panel determines otherwise.

(2) A memorandum opinion or a summary disposition of a Court of Appeal shall not be designated for publication except by majority vote of the panel.

(3) The panel shall reconsider its decision not to publish an opinion upon the request of the trial judge or a party, provided that the request and reasons therefor are made in writing within the delays for rehearing following the rendition of the opinion.

2-16.4. Copies of Opinions

In every case, one copy of the opinion, when rendered, shall be transmitted by mail or electronic transmission to the trial judge, the clerk of the trial court, all appeal counsel of record, and all parties not represented by counsel.