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

(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 calendar days after the time to file a petition for rehearing has expired, or 7 calendar days after entry of an order denying a timely petition for rehearing, motion for stay of mandate, or petition for attorney fees, whichever is later. The Court may shorten or extend the time.

(c) Effective Date. The mandate is effective when issued.

(d) Staying the Mandate.

(1) On Petition for Rehearing or Motion. The timely filing of a petition for rehearing or motion for stay of mandate stays the mandate until disposition of the petition or motion, unless the Court orders otherwise.

(2) Pending Petition for Certiorari.

(A) A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the United States Supreme Court. The motion must be served on all parties and must show that the certiorari petition would present a substantial question and that there is good cause for a stay.

(B) The stay must not exceed 90 days, unless the period is extended for good cause or unless the party who obtained the stay files a petition for the writ and so notifies the Clerk in writing within the period of the stay. In that case, the stay shall continue until the United States Supreme Court’s final disposition.

(C) The Court may require a bond or other security as a condition to granting or continuing a stay of the mandate.

(D) The Court should generally issue the mandate immediately when a copy of a United States Supreme Court order denying the petition for writ of certiorari is filed.

(3) On Petition for Attorney Fees. The timely filing of a petition for attorney fees stays the mandate until disposition of the petition, unless the Court orders otherwise.