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Rule 442. Mandate (1984)

TEXT

(a) The clerk shall issue a mandate in accordance with the judgment and shall deliver it to the clerk of the trial court without waiting for the payment of costs upon expiration of one of the following periods:

(1) Forty-five days after the judgment, if no timely motion for rehearing has been filed;

(2) Forty-five days after the last timely motion for rehearing has been overruled, if no timely application for writ of error has been filed and no timely motion has been filed to extend the time for filing application for writ of error;

(3) Fifteen days after any timely motion to extend the time for filing an application for writ of error has been overruled by the Supreme Court;

(4) Fifteen days after receipt by the clerk of an order of the Supreme Court denying writ of error, as provided by Rule 484.

(b) The mandate may be issued earlier by agreement of the parties.

(c) If a writ of error has been denied by the Supreme Court, the petitioner may move for a stay of the mandate pending disposition by the Supreme Court of the United States of a petition for writ of certiorari. The motion shall show the grounds for such petition and the circumstances requiring a stay of the mandate. The Court of Appeals may grant such a stay if it finds that the grounds are substantial and that serious hardship would result to the petitioner or others from issuance of the mandate in the event of reversal by the Supreme Court of the United States.

(d) The mandate shall contain the file number of the case in the trial court.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule has been rewritten. (a) incorporates the provisions of former Rule 443, and specifies dates from which mandate may issue. (c) provides for stay of mandate pending action by United States Supreme Court.