3.2Oral Opinions1
When issuing an oral opinion, the court should clearly articulate the following on the record:
•The facts of the case as found by the judge. It is useful to state what facts are not in dispute.
•The issue(s) in the case.
•The appropriate standard of review used in reaching the decision.
•Any “off-the-record” agreements between the judge and the parties affecting the decision.
•The final decision. Judges must avoid any ambiguity as to the final conclusion, or they risk confusing the appellate court, which will likely result in a remand.
Stating the decision on the record as detailed above helps assure that:
•Litigants and attorneys know the basis of the decision.
•The public has confidence in the fairness of the proceeding and the logic sustaining the ruling.
•The appellate court has an adequate statement of all the pertinent facts and reasoning surrounding the trial judge’s decision, allowing it to grant the trial court the high level of deference deserved in fact-finding matters.
Committee Tip:
Although courts speak through their judgments and decrees, not their oral statements or written opinions, it may be helpful to preface an oral decision with the following statement: “everything the court rules today is immediately enforceable as if reduced to writing.”