When does the Supreme Court mandate issue on review from a state court?

Establish the Supreme Court judgment entry, not the lower-court judgment or receipt of the opinion.

Identify whether the reviewed court is a state court within Rule 47’s definition. That definition includes the specified DC, Puerto Rico and territorial courts.

Check actual filing and disposition of any rehearing petition and any order affecting the stay.

Check a timing direction or earlier-issue stipulation, then verify the actual mandate.

1. Classify the lower court and applicable Rule 45 process.
2. Preserve Supreme Court judgment entry.
3. Check any filed rehearing petition and actual disposition.
4. Read any timing direction or earlier-issue stipulation.
5. Verify the Clerk’s recorded issue or transmission rather than treating a projected date as proof.

Rule 45 identifies a thirty-two-day default from judgment entry, but a filed rehearing petition stays the process until disposition unless the Court orders otherwise. Denial calls for action forthwith, not a fresh thirty-two-day period. A date added to judgment entry cannot establish the complete process.

The Court or a Justice may shorten or extend time, and the parties may stipulate to earlier issue. A filed rehearing petition ordinarily stays the process. Preserve the actual disposition rather than assuming a requested change was granted.

Rule 30.1 governs computation of the stated default period. An adjusted default date does not establish that a stay ended or that the Clerk completed the act. Check the actual docket and operative directions.

An isolated thirty-two-day result cannot establish a rehearing stay, disposition or actual Clerk act. No computed date or paid record is published for this process.

Rehearing stay

Under Rule 45.2, filing a rehearing petition stays the mandate until disposition unless the Court orders otherwise. Rule 45.3 applies the same framework to its federal-court process.

Denial and other disposition

If the petition is denied, Rule 45.2 calls for issue forthwith. Do not add a new thirty-two-day period after denial. For any other disposition, read the actual judgment and directions.

Actual timing changes

The Court or a Justice may shorten or extend time. The parties may stipulate to earlier issue. The actual direction or stipulation controls its stated effect.

Dismissal process

Rule 46.3 says no mandate or other process issues on a dismissal under Rule 46 without a Court order. Do not apply the default as automatic dismissal process.

• This source guide does not infer triggering facts, an extension or the effect of a particular direction.
• It provides no computed date or paid calculation record.

• Identify the lower-court classification and applicable process.
• Preserve actual Supreme Court judgment entry.
• Check whether a rehearing petition was filed and whether it has been disposed of.
• Read actual timing directions and any earlier-issue stipulation.
• Confirm the Clerk’s recorded act and preserve the issued or transmitted document.
• The material act is the Court’s mandate issue. A party’s filing, mailing or electronic submission is not proof of that act. Preserve the actual mandate and docket entry. The separate Rule 44 rehearing filing requirements remain separate.