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 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time by order. (c) Effective Date. The mandate is effective when issued. (d) Staying the Mandate Pending a Petition for Certiorari. (1) Motion to Stay. A party may move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court. The motion must be served on all parties and must show that the petition would present a substantial ques- tion and that there is good cause for a stay. (2) Duration of Stay; Extensions. The stay must not exceed 90 days, unless: Rule 42 FEDERAL RULES OF APPELLATE PROCEDURE 46 (A) the period is extended for good cause; or (B) the party who obtained the stay notifies the circuit clerk in writing within the period of the stay: (i) that the time for filing a petition has been ex- tended, in which case the stay continues for the ex- tended period; or (ii) that the petition has been filed, in which case the stay continues until the Supreme Court’s final disposi- tion. (3) Security. The court may require a bond or other security as a condition to granting or continuing a stay of the man- date. (4) Issuance of Mandate. The court of appeals must issue the mandate immediately on receiving a copy of a Supreme Court order denying the petition, unless extraordinary circum- stances exist. (As amended Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018.)