US · rules
5th Cir. IOP (R. 41)
ABSENT A MOTION FOR STAY OR A STAY BY OPERATION OF AN ORDER, RULE,
OR PROCEDURE, MANDATES WILL ISSUE PROMPTLY ON THE 7TH DAY AFTER THE TIME FOR
FILING A PETITION FOR REHEARING EXPIRES; OR AFTER ENTRY OF AN ORDER DENYING THE
PETITION. AS AN EXCEPTION, AND BY COURT DIRECTION, THE CLERK WILL IMMEDIATELY
ISSUE THE MANDATE WHEN THE COURT DISMISSES A CASE FOR FAILURE TO PROSECUTE
AN APPEAL OR FOR LACK OF JURISDICTION, OR IN SUCH OTHER INSTANCES AS THE COURT
MAY DIRECT. THE ORIGINAL RECORD AND ANY EXHIBITS WILL BE RETURNED TO THE CLERK
OF THE DISTRICT COURT WITH THE MANDATE.
ANY ACTIVE FIFTH CIRCUIT JUDGE MAY REQUEST THAT THE COURT WITHHOLD
ISSUANCE OF ITS MANDATE. THIS IS OFTEN DONE TO RESOLVE DIFFERENCES BETWEEN
THE JUDGE WHO REQUESTS THAT THE MANDATE BE WITHHELD AND THE PANEL OR TO
REQUEST THAT THE COURT BE POLLED ON WHETHER REHEARING EN BANC SHOULD BE
GRANTED WHETHER OR NOT A PETITION FOR REHEARING EN BANC HAS BEEN FILED BY
A PARTY. IF A MANDATE IS WITHHELD, THE JUDGE SHALL NOTIFY THE CLERK TO
WITHHOLD THE MANDATE, AND THE CLERK WILL ENTER AN ORDER WITHHOLDING THE
MANDATE. THE IDENTITY OF THE JUDGE WILL NOT BE DISCLOSED IN THE ORDER.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
241c980a8e8817e1c7c4ca777b80031a216c85bf9d78e5e77b06db18a39a1722
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