Mandate

18.1. Issuance The clerk of the appellate court that rendered the judgment must issue a mandate in accordance with the judgment and send it to the clerk of the court to which it is directed and to all parties to the proceeding when one of the following periods expires: (a) In the Court of Appeals. (1) Ten days after the time has expired for filing a motion to extend time to file a petition for review or a petition for discretionary review if: (A) no timely petition for review or petition for discretionary review has been filed; 22 18.5. Costs 19.2. Plenary Power Continues After Petition Filed The mandate will be issued without waiting for costs to be paid. If the Supreme Court declines to grant review, Supreme Court costs must be included in the court of appeals’ mandate. In a civil case, the court of appeals retains plenary power to vacate or modify its judgment during the periods prescribed in 19.1 even if a party has filed a petition for review in the Supreme Court. 18.6. Mandate in Accelerated Appeals 19.3. Proceedings After Plenary Power Expires After its plenary power expires, the court cannot vacate or modify its judgment. But the court may: (a) correct a clerical error in its judgment or opinion; (b) issue and recall its mandate as these rules provide; (c) enforce or suspend enforcement of its judgment as these rules or applicable law provide; (d) order or modify the amount and type of security required to suspend a judgment, and decide the sufficiency of the sureties, under Rule 24; and (e) order its opinion published in accordance with Rule 47. 19.4. Expiration of Term The expiration of the appellate court's term does not affect the court's plenary power or its jurisdiction over a case that is pending when the court's term expires. Notes and Comments Comment to 1997 change: This is a new rule except the provisions of former Rule 234 are incorporated in subdivision 19.4. Comment to 2002 change: Subdivision 19.1 is amended to clarify that a motion for en banc reconsideration extends the court of appeals' plenary power in the same manner as a motion for rehearing addressed to the panel of justices who rendered the judgment or under consideration. Comment to 2008 change: Subdivision 19.1 is changed, consistent with other changes in the rules, to for en banc specifically address a motion reconsideration and treat it as having the effect of a motion for rehearing. The appellate court's judgment on an appeal from an interlocutory order takes effect when the mandate is issued. The court may issue the mandate with its judgment or delay the mandate until the appeal is finally disposed of. If the mandate is issued, any further proceeding in the trial court must conform to the mandate. 18.7. Recall of Mandate If an appellate court vacates or modifies its judgment or order after issuing its mandate, the appellate clerk must promptly notify the clerk of the court to which the mandate was directed and all parties. The mandate will have no effect and a new mandate may be issued. Notes and Comments Comment to 1997 change: This is a new rule that combines the provisions of former Rules 43(g), 86, 186, 231, and 232. Comment to 2002 change: Subdivision 18.1 is amended consistent with the change in subdivision 12.6.