Mandate; Contents; Issuance; Effective Date; Stay

North Dakota Rules of Appellate Procedure

Rule: 41.

Jurisdiction: ND

Bluebook Citation: N.D.R.App.P. 41.

(a) Contents. 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 21 days after the entry of judgment or 7 days after entry of an order denying a timely petition for rehearing. 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 a motion for stay of the mandate pending an appeal or a petition to the United States Supreme Court for a writ of certiorari will stay the mandate until disposition of the petition or motion, unless the court orders otherwise. (2) Pending Appeal or Petition for Certiorari. A stay of the mandate pending an appeal or a petition to the United States Supreme Court for a writ of certiorari may be granted upon motion. The stay may not exceed 30 days unless the period is extended for cause shown. If, while the stay is in effect, the party who has been granted a stay files a copy of the petition for the writ with the clerk of the supreme court, the stay continues until final disposition by the United States Supreme Court. The court must issue the mandate immediately when a copy of an order of the United States Supreme Court affirming the judgment or denying the petition for writ of certiorari is filed. A bond or other security may be required as a condition to the grant or continuance of a stay of the mandate.

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