recall of mandate
recall of mandate. The extraordinary action by an appellate court of withdrawing the order it issued to the trial court upon deciding an appeal, usu. after the deadline has passed for the losing party to seek a rehearing. • Because this action can interfere with trial-court proceedings on remand, and also because it clouds the waters that repose (the finality of a judgment) is meant to clear, courts are reluctant to use the power. But they will use it to correct clerical errors or to remedy a fraud on the court during the appeal. It has also been used when the original mandate would result in a grave injustice. See MANDATE(1).
