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Rule 507. Mandate To Issue (1984)

TEXT

At the expiration of fifteen days from the rendition of judgment if no motion for rehearing has been filed, or at the expiration of fifteen days after overruling the motion for rehearing, the clerk shall issue and deliver the court's mandate in the cause to the lower court without further payment of costs. In cases in which the Supreme Court declines to grant an application for writ of error, costs of the Supreme Court shall be paid in the Court of Appeals and the mandate issued from that court. Every mandate issued by the Supreme Court shall contain the file number in the trial court.

A party 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 Supreme Court may grant such a stay if it finds that the grounds are substantial and that serious hardship would result to the party or others from issuance of the mandate in the event of reversal by the Supreme Court of the United States.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: Amended to avoid the use of the ambiguous term "final" and provide for cases in which a motion for rehearing is filed. The provision for stay of mandate is new and conforms to Rule 442.