US · rules
Fed. Cir. R. 41
Issuance of Mandate
An order granting an unopposed motion to dismiss or remand a case
will constitute the mandate.
History
PRACTICE NOTES TO RULE 41 Relation of Mandate to Application for Certiorari; Stay. That a mandate has issued does not affect the right to apply to the Supreme Court for a writ of certiorari. Consequently, a motion to stay the mandate should advance reasons for the stay beyond the mere intention to apply for certiorari, e.g., to forestall action in the trial court or agency that would necessitate a remedial order of the Supreme Court if the writ of certiorari were granted. (Return to Table of Contents)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
401aa8da9a5d8cb45ec2a70d5772b7f997308999857a78da267a44f42a0c1d54
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