United States · Federal appellate mandate
When must the federal court of appeals issue its mandate?
FRAP 41(b) requires mandate issuance seven days after rehearing time expires, or seven days after entry of an order denying a timely panel-rehearing petition, en banc petition or mandate-stay motion, whichever is later. The court may shorten or extend the time by order. Under Rule 41(c), the mandate becomes effective when actually issued.
- Period
- The later applicable seven-day period under Rule 41(b), subject to actual shortening, extension and stay orders
- Trigger
- Rehearing-period expiry and entry of qualifying timely rehearing or stay-denial orders, together with actual directions and stays
- Rule
- FRAP 41(a)–(d)
December 1, 2025 compilation
Source guide · No automated date
Verify the actual mandate events and order
A single entered date cannot establish all applicable later-of events, timeliness, actual court orders or issuance. No automated mandate date or paid deadline record is published.
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Which events control mandate issuance?
Establish the applicable rehearing expiry independently, including any applicable federal-party period and court direction.
Identify timely panel or en banc petitions and mandate-stay motions, then entry of the relevant denial orders.
Read any shortening, extension or actual stay and inspect the docket for actual mandate issuance. A projected date does not establish effectiveness.
FRAP 41(a)–(d)Why does one isolated period not resolve this procedure?
- Independently establish rehearing expiry.
- Identify every applicable qualifying denial-order entry.
- Compare the seven-day branches and read actual directions and stays.
- Verify actual issuance before describing the mandate as effective.
Compare the applicable Rule 41(b) seven-day periods after independently established events. Use Rule 26(a) for day counting and final-day treatment where applicable, then check the controlling court order and stay. The isolated preset does not establish rehearing expiry or compare multiple events.
FRAP 26(a)(1) excludes the triggering event, counts intermediate calendar days and carries a final Saturday, Sunday or legal holiday to the next qualifying day. Rule 26(a)(5) continues backward for a period measured before an event. Rule 26(a)(6) includes federal and President or Congress declared holidays. Its additional state-declared holidays apply only to forward periods, using the challenged district court’s state or the circuit clerk’s principal-office state. Check actual calendars, inaccessibility and orders.
FRAP 41(a)–(d)Why is no automated result published?
A single entered date cannot establish all applicable later-of events, timeliness, actual court orders or issuance. No automated mandate date or paid deadline record is published.
Which conditions require separate review?
- Actual order
- Rule 41(b) lets the court shorten or extend issuance by order. The national seven-day default does not override that order.
- Stay pending certiorari
- Rule 41(d) governs a separate served stay motion, substantial-question and good-cause showing, granted stay, duration, written continuation notice and possible security. Filing a certiorari petition alone does not prove an appellate stay.
- Certiorari denial
- Rule 41(d)(4) requires immediate issuance upon receiving a copy of the Supreme Court denial order unless extraordinary circumstances exist. The event is receipt of the copy, not merely petition filing or a predicted denial date.
- A single entered date cannot establish all applicable later-of events, timeliness, actual court orders or issuance. No automated mandate date or paid deadline record is published.
- The guide does not establish disputed service, read actual orders, grant relief or verify a court’s completed acts.
What should I verify on the docket?
Common questions
When must the federal court of appeals issue its mandate?
Does a calculated seven-day date make the mandate effective?
No. Rule 41(c) makes the mandate effective when issued. Verify the actual court record and any order, not just a planning calculation.
FRAP 41(a)–(d)Does filing a certiorari petition automatically stay issuance?
Rule 41(d)(1) provides a separate served stay motion and required showing. Rule 41(d)(2) addresses continuation of an existing stay with timely written notice. Petition filing alone does not establish that the court granted a stay.
FRAP 41(a)–(d)What happens after the court receives the Supreme Court denial order?
Rule 41(d)(4) requires immediate mandate issuance upon receipt of a copy of the denial order unless extraordinary circumstances exist. Inspect receipt and actual issuance.
FRAP 41(a)–(d)Official sources and scope
Provisions used (3)
| Provision | Purpose |
|---|---|
| FRAP 41(a)–(d) | This act’s controlling events, timing and conditions |
| FRAP 26(a)(1)–(3) | Calendar counting, final-day treatment and inaccessibility |
| FRAP 26(a)(4)–(6), (b) and (c) | Forward and backward holidays, filing boundaries and permitted extensions |