4th Cir. I.O.P.- 41.1

On the date of issuance of the mandate, the Clerk of the Court will issue written notice to the

parties and the clerk of the lower court that the judgment of the Court of Appeals takes effect that

day. The trial court record will be returned to the clerk of that court once the mandate has issued.

-41.2. Petitions for Writs of Certiorari.

A petition for a writ of certiorari must be filed with the Supreme Court within 90 days of the

entry of judgment in a criminal case or a civil case. The time for the petition does not run from the

issuance of the mandate, but from the date of judgment which is also the opinion date. If a petition

for rehearing or a petition for rehearing en banc is timely filed, the time runs from the date of denial

of that petition. Counsel should consult the Rules of the Supreme Court for details on how to

proceed with the petition.

The Rules of the Supreme Court do not require that the record accompany a petition for

certiorari and the record will not be forwarded unless specifically requested by the petitioner or

counsel. Requests to certify and transmit the record to the Supreme Court prior to action on the

petition for a writ of certiorari are disfavored by the Supreme Court. The Clerk of the Supreme

Court will request the record from the Court of Appeals when review of the record is desired by the

Supreme Court prior to action on a petition for writ of certiorari or upon granting certiorari if the

record has not been transmitted earlier. The same procedures are followed for Supreme Court

review by certification pursuant to 28 U.S.C. § 1254(2).

If a case is remanded to the Court of Appeals from the Supreme Court, the case shall be

reopened under the original docket number and the Court of Appeals may require additional briefs

and oral argument, summarily dispose of the case, or take any other action consistent with the

Supreme Court's opinion.