Judicial Writing Manual - Federal Judicial Center

the losing side has raised substantial contentions, the opinion should
explain why they were rejected. But it need not refute the losing party's
arguments point by point or adopt a contentious or adversarial tone.
An opinion can - and properly should - carry conviction without
becoming a tract. Put aside emotion and personal feelings, and avoid using
adjectives and adverbs unless they convey information material to the
decision.
Treatment of the court below
Appellate opinions can and should correct trial court errors and provide
guidance on remand without embroidering on the circumstances or criticizing
the court below. An appellate opinion need not attack a trial court's
wisdom, judgment, or even its attitude in order to reverse its decision. And
it should avoid unnecessary criticism, such as for having failed to consider
authority or resting on improper motives.
Concluding paragraph
Disposition of a case - and the mandate to the lower court or agency,
when that is a part of the disposition - is the most important part of the
conclusion. Appellate courts should not speak in riddles. Simply to remand
a case "for further proceedings consistent with the opinion" may leave the
court below at sea. Opinions must spell out clearly what the lower courts or
agencies are expected to do without, however, trespassing on what remains
entrusted to their discretion. Thus, even where an abuse of discretion is
found, the appellate court's decision is on the law, and the lower court or
agency on remand retains the authority to exercise its discretion properly.
Appendix D contains examples of concluding paragraphs that provide
clear instructions to the lower court or agency.
Summary disposition
Summary disposition may be appropriate in cases where only the parties
and their lawyers are interested in the result, the facts are not complex, and
the precedents are clear. It may take the form of a one-sentence order or a
brief memorandum. See Appendix B.
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