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Home | Case-Filing | Rules Home | Title VII. General Provisions

FRAP 41. Mandate; Contents; Issuance and Effective Date; Stay


(a) Contents.


Unless the court directs that a formal mandate issue, the mandate consists of a certified copy of the judgment, a copy of the court's opinion, if any, and any direction about costs.


(b) When Issued.


The court's mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time.


(c) Effective Date.


The mandate is effective when issued.


(d) Staying the Mandate.


(1) On Petition for Rehearing or Motion.


The timely filing of a petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, stays the mandate until disposition of the petition or motion, unless the court orders otherwise.


(2) Pending Petition for Certiorari.


(A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay.


(B) The stay must not exceed 90 days, unless the period is extended for good cause or unless the party who obtained the stay files a petition for the writ and so notifies the circuit clerk in writing within the period of the stay. In that case, the stay continues until the Supreme Court's final disposition.


(C) The court may require a bond or other security as a condition to granting or continuing a stay of the mandate.


(D) The court of appeals must issue the mandate immediately when a copy of a Supreme Court order denying the petition for writ of certiorari is filed.



Last modified at 12/16/2009