Federal Circuit Rule 41: Issuance of Mandate
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title VII. General Provisions
An order granting an unopposed motion to dismiss or remand a case will constitute the mandate.
Notes
Practice Notes to Rule 41
Relation of Mandate to Application for Certiorari; Stay.
That a mandate has issued does not affect the right to apply to the Supreme Court for a writ of certiorari. Consequently, a motion to stay the mandate should advance reasons for the stay beyond the mere intention to apply for certiorari, e.g., to forestall action in the trial court or agency that would necessitate a remedial order of the Supreme Court if the writ of certiorari were granted.