IOP § IV(F): Issuance of the Mandate
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: IV. Deciding the Appeal
The mandate of the court of appeals formally reconfers jurisdiction on the district court and ordinarily issues twenty-one days after entry of judgment or seven days after denial of a petition for rehearing. See FRAP 41(b). If the trial court record has been sent to the court of appeals, it is usually returned with issuance of the mandate.
A party may move to stay the issuance of a mandate for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court of the United States, see FRAP 41(d), but the court usually denies a stay unless the panel concludes there is a reasonable chance certiorari will be granted. Issuance of the mandate does not affect the right of any party to apply for review, nor does it affect the power of the Supreme Court to grant review.
Once issued, a mandate will be recalled only to prevent injustice. A successful party on appeal cannot enforce its judgment in the district court unless the issuance of the mandate has formally revested jurisdiction in the district court.