Section 69.251. Decisions; Conferences and Assignments of Draft Opinions  


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  • (a) After argument sessions and consideration of argued and submitted cases in a conference of the judges comprising the respective court en banc or panel, the presiding judge shall assign each case to a judge who represents the expressed majority view at the conference, for the preparation of the opinion of the court.

    (b) The opinion-writing judge shall proceed to prepare a draft opinion in accordance with the decision of the court en banc or of the panel or expressing any different views which the judge may reach after subsequent study of the case, designated as an ‘‘Opinion’’ or ‘‘Memorandum Opinion’’ in accordance with § 69.413 below. The draft opinion shall ordinarily be one to be signed by the writer when final, but in appropriate cases it may be a briefer opinion recommended by the writer to be handed down per curiam. Except in the case of adoption of the reasoning in the opinion of the trial court, or where the appeal is meritless, the opinion shall state, at least summarily, the nature of the case, the principal question or questions involved, the holding of the court or agency below and the rationale of this court’s decision.