Handbook XIII.A: Terminating the Case

1. Enforcement Judgments (See Fed. R. App. P. 19.)

After the Court files an opinion directing entry of judgment enforcing in part an agency order, the agency within 14 days must submit a proposed judgment to the Court. If a party disagrees with the agency's proposal, that party has 10 days thereafter to file an alternative judgment. The panel will then settle the judgment and direct its entry.

2. Mandates (See Fed. R. App. P. 41; D.C. Cir. Rule 41.)

The Court will enter its judgment in a case on the same date its decision is issued. Ordinarily, the Clerk’s Office will issue a formal mandate 7 days after the period for seeking rehearing has expired or a petition for rehearing has been decided. The Court, however, retains discretion to direct immediate issuance of its mandate in an appropriate case, and any party may move at any time for expedited issuance of the mandate on a showing of good cause. Counsel should not confuse the mandate with the judgment itself because the time for filing a petition for a writ of certiorari with the United States Supreme Court runs from the date of this Court's judgment or disposition of a timely petition for rehearing or for rehearing en banc.

A motion for stay of the mandate must set forth facts showing good cause. Unless the motion recites that the other parties do not object to a stay, the motion will not be acted upon until the response time has expired. Subject to these limitations, the Clerk has been given authority to grant unopposed motions for stays for a period of up to 90 days. The Clerk also has the discretion to instead submit the motion to the panel that decided the case. Motions to reconsider a decision by the Clerk are referred to the panel that decided the case. If a motion to stay issuance of the mandate is denied, the mandate ordinarily will be issued 7 days thereafter. Stays ordinarily will not extend beyond 90 days from the date the mandate otherwise would have issued.

If the party who obtained a stay of the mandate files a petition for a writ of certiorari during the term of the stay issued by this Court, and so notifies the circuit Clerk in writing, the stay will continue until the Supreme Court’s final disposition. A petition for a writ of certiorari filed under any other circumstances has no effect on the mandate.

3. Remands (See Fed. R. App. P. 12.1; D.C. Cir. Rule 41(b).)

When the Court remands the record in any case to the district court or to an agency, the Court retains jurisdiction over the case. When the Court remands the case, the Court does not retain jurisdiction, and a new notice of appeal or petition for review is required if a party seeks review of the proceedings conducted on remand.

4. Costs (See Fed. R. App. P. 39; D.C. Cir. Rule 39.)

Costs, when requested, are usually charged to the losing party or to an appellant who withdraws the appeal. When the government is a party to a suit, costs are governed by statute. Costs are not taxed for briefs of amici curiae or intervenors or separate replies thereto except on motion granted by the Court.

The items allowed as costs are set forth in Federal Rule of Appellate Procedure 39. Reimbursable printing costs are limited to the cost of the most economical means of reproduction.

Counsel has 14 days after entry of judgment to submit the bill of costs with service on opposing counsel. Printing and reproduction costs must be itemized and verified to show the charge per page. Opposing counsel may file objections. The Clerk's Office provides forms for itemizing bills of costs, and parties that submit bills not presented on these forms (or reasonable facsimiles thereof) will be directed to provide a conforming request.

The Clerk reviews the bill for compliance with the rules and then prepares a statement of costs. Ordinarily, the directions as to costs are issued at the same time as the mandate. If the matter of costs has not been settled by that time, the Clerk’s Office will at a later date send a supplemental statement to the district court or agency.

Once a party is ordered to pay costs, there is usually no further action on the matter in this Court. Any action to enforce an award of costs is brought in the district court. In addition, various expenses incidental to the appeal must be settled in the district court. Among these are the costs of the reporter's transcript, the filing fee for the notice of appeal, the Clerk's fee for preparing and transmitting the record, and the premiums paid for any required appeal bond. The successful party on appeal must apply for recovery of these expenses in the district court after issuance of the mandate of this Court.

5. Disposal of Sealed Records (See D.C. Cir. Rule 47.1(f).)

In any case in which all or part of the record has been maintained under seal, the Clerk will order the parties to show cause why the record should not be unsealed, unless the nature of the materials themselves (e.g., grand jury material) makes it clear that unsealing would be impermissible. This order will be entered in conjunction with the issuance of the mandate. If the parties agree to unsealing, the record will be unsealed by Clerk’s order. Otherwise, the matter will be referred to the Court for disposition. Counsel to an appeal involving sealed records must promptly notify the Court when it is no longer necessary to maintain the record or portions of the record under seal.