Rule 41 — Mandate: Contents; Issuance and Effective Date; Stay

Fed. R. App. P. 41

• Source: Federal Rules of Appellate Procedure
• Rule: 41
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 41

Text

(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 by
order.
(c) Effective Date. The mandate is effective when issued.
(d) Staying the Mandate Pending a Petition for Certiorari.
(1) Motion to Stay. 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 petition would present a substantial ques-
tion and that there is good cause for a stay.
(2) Duration of Stay; Extensions. The stay must not exceed 90
days, unless:

(A) the period is extended for good cause; or
(B) the party who obtained the stay notifies the circuit
clerk in writing within the period of the stay:
(i) that the time for filing a petition has been ex-
tended, in which case the stay continues for the ex-
tended period; or
(ii) that the petition has been filed, in which case the
stay continues until the Supreme Court’s final disposi-
tion.
(3) Security. The court may require a bond or other security
as a condition to granting or continuing a stay of the man-
date.
(4) Issuance of Mandate. The court of appeals must issue the
mandate immediately on receiving a copy of a Supreme Court
order denying the petition, unless extraordinary circum-
stances exist.

Advisory Committee Notes

(As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018.)