5th Cir. R. 41: Issuance of Mandate; Stay of Mandate

41.1 Stay of Mandate - Criminal Appeals. A motion for a stay of the issuance of a mandate in a direct criminal appeal filed under FED. R. APP. P. 41 will not be granted simply upon request. Unless the petition sets forth good cause for stay or clearly demonstrates that a substantial question is to be presented to the Supreme Court, the motion shall be denied and the mandate thereafter issued forthwith.

41.2 Recall of Mandate. Once issued a mandate will not be recalled except to prevent injustice.

41.3 Effect of Granting Rehearing En Banc. Unless otherwise expressly provided, the granting of a rehearing en banc vacates the panel opinion and judgment of the court and stays the mandate. If, after voting a case en banc, the court lacks a quorum to act on the case for 30 consecutive days, the case is automatically returned to the panel, the panel opinion is reinstated as an unpublished (and hence nonprecedential) opinion, and the mandate is released. To act on a case, the en banc court must have a quorum consisting of a majority of the en banc court as defined in 28 U.S.C. § 46(c).

41.4 Issuance of Mandate in Expedited Appeals or Mandamus Actions. The clerk will issue the mandate forthwith in any expedited appeal of a criminal sentence and in actions denying mandamus relief, unless instructed otherwise by the court.

I.O.P. - ABSENT A MOTION FOR STAY OR A STAY BY OPERATION OF AN ORDER, RULE, OR PROCEDURE, MANDATES WILL ISSUE PROMPTLY ON THE 7TH DAY AFTER THE TIME FOR FILING A PETITION FOR REHEARING EXPIRES; OR AFTER ENTRY OF AN ORDER DENYING THE PETITION. AS AN EXCEPTION, AND BY COURT DIRECTION, THE CLERK WILL IMMEDIATELY ISSUE THE MANDATE WHEN THE COURT DISMISSES A CASE FOR FAILURE TO PROSECUTE AN APPEAL OR FOR LACK OF JURISDICTION, OR IN SUCH OTHER INSTANCES AS THE COURT MAY DIRECT. THE ORIGINAL RECORD AND ANY EXHIBITS WILL BE RETURNED TO THE CLERK OF THE DISTRICT COURT WITH THE MANDATE.

ANY ACTIVE FIFTH CIRCUIT JUDGE MAY REQUEST THAT THE COURT WITHHOLD ISSUANCE OF ITS MANDATE. THIS IS OFTEN DONE TO RESOLVE DIFFERENCES BETWEEN THE JUDGE WHO REQUESTS THAT THE MANDATE BE WITHHELD AND THE PANEL OR TO REQUEST THAT THE COURT BE POLLED ON WHETHER REHEARING EN BANC SHOULD BE GRANTED WHETHER OR NOT A PETITION FOR REHEARING EN BANC HAS BEEN FILED BY A PARTY. IF A MANDATE IS WITHHELD, THE JUDGE SHALL NOTIFY THE CLERK TO WITHHOLD THE MANDATE, AND THE CLERK WILL ENTER AN ORDER WITHHOLDING THE MANDATE. THE IDENTITY OF THE JUDGE WILL NOT BE DISCLOSED IN THE ORDER.