18.1. Issuance
The clerk of the appellate court that rendered the judgment must issue a mandate in accordance with the judgment and send it to the clerk of the court to which it is directed and to all parties to the proceeding when one of the following periods expires:
(a) In the Court of Appeals.
(1) Ten days after the time has expired for filing a motion to extend time to file a petition for review or a petition for discretionary review if:
(A) no timely petition for review or petition for discretionary review has been filed;
(B) no timely filed motion to extend time to file a petition for review or petition for discretionary review is pending; and
(C) in a criminal case, the Court of Criminal Appeals has not granted review on its own initiative.
(2) Ten days after the time has expired for filing a motion to extend time to file a motion for rehearing of a denial, refusal, or dismissal of a petition for review, or a refusal or dismissal of a petition for discretionary review, if no timely filed motion for rehearing or motion to extend time is pending.
(b) In the Supreme Court and the Court of Criminal Appeals. Ten days after the time has expired for filing a motion to extend time to file a motion for rehearing if no timely filed motion for rehearing or motion to extend time is pending.
(c) Agreement to Issue. The mandate may be issued earlier if the parties so agree, or for good cause on the motion of a party.
18.2. Stay of Mandate
A party may move to stay issuance of the mandate pending the United States Supreme Court’s disposition of a petition for writ of certiorari. The motion must state the grounds for the petition and the circumstances requiring the stay. The appellate court authorized to issue the mandate may grant a stay if it finds that the grounds are substantial and that the petitioner or others would incur serious hardship from the mandate’s issuance if the United States Supreme Court were later to reverse the judgment. In a criminal case, the stay will last for no more than 90 days, to permit the timely filing of a petition for writ of certiorari. After that period and others mentioned in this rule expire, the mandate will issue.
18.3. Trial Court Case Number
The mandate must state the trial court case number.
18.4. Filing of Mandate
The clerk receiving the mandate will file it with the case’s other papers and note it on the docket.
18.5. Costs
The mandate will be issued without waiting for costs to be paid. If the Supreme Court declines to grant review, Supreme Court costs must be included in the court of appeals’ mandate.
18.6. Mandate in Accelerated Appeals
The appellate court’s judgment on an appeal from an interlocutory order takes effect when the mandate is issued. The court may issue the mandate with its judgment or delay the mandate until the appeal is finally disposed of. If the mandate is issued, any further proceeding in the trial court must conform to the mandate.
18.7. Recall of Mandate
If an appellate court vacates or modifies its judgment or order after issuing its mandate, the appellate clerk must promptly notify the clerk of the court to which the mandate was directed and all parties. The mandate will have no effect and a new mandate may be issued.
Notes and Comments
Comment to 1997 change: This is a new rule that combines the provisions of former Rules 43(g), 86, 186, 231, and 232.
Comment to 2002 change: Subdivision 18.1 is amended consistent with the change in subdivision 12.6.