US · rules
E.D.N.Y. Local Civil Rule 58.1
Remand by an Appellate Court
Any mandate, order, or judgment of an appellate court, when filed with the clerk of the
district court, will automatically become the order or judgment of the district court and
be entered as such by the clerk without further order, except if the mandate, order, or
judgment of the appellate court requires further proceedings in the district court.
For relevant historical context for this local rule, consult the Appendix of Committee Notes.
History
PRE-2024 COMMITTEE NOTE The Committee recommends that the word “mandate” be added to Local Civil Rule 58.1 in order to clarify that the mandate of the Court of Appeals, when filed in the Clerk’s Office of the District Court as provided in Local Civil Rule 58.1, automatically becomes the judgment of the District Court. The mandate, which consists of “a certified copy of the judgment, a copy of the court’s opinion, if any, and any direction about costs,” Fed. R. App. P. 41(a), is the normal means by which the judgment of the Court of Appeals is transmitted to the District Court. 2024 COMMITTEE NOTE The Committee deletes unnecessary and redundant language in Local Civil Rule 58.1.
Provenance
- Source
- www.nyed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
143fda3bbda0ea40fd0acbb3e1717b32985d27fab17cd5d23fdafd51d89b362d
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