In 1799, French troops in Egypt discovered a granite slab inscribed with a decree praising an Egyptian king. The decree appeared in hieroglyphic, demotic, and Greek. This slab, the Rosetta Stone, enabled scholars to compare the Greek writings to the other two languages. The stone “was the key to the deciphering of Egyptian hieroglyphics.” Sometimes, trial judges and lawyers need to look for a Rosetta Stone to decipher the meaning of decisions handed down by the appellate courts. In law school, students are trained to read appellate decisions and apply them to other cases. However, students are taught little about how to interpret and enforce appellate court decisions. Certain kinds of decisions, or certain language used in decisions, may have different meanings in different contexts, or in different courts. It is not always enough to read the court’s decision in the particular case. It sometimes is necessary to read other decisions to understand what the appellate court wants the trial court to do. Often, it is necessary to seek further guidance from the appellate court.
This Article will discuss some issues that arise after an appeal is concluded, and, as further proceedings are held in the trial court below, the need for clear directions from the appellate court to the trial court and to the parties and appropriate remedies when the trial court fails to understand or to comply with the appellate mandate.