PART VIII — DELIBERATION AND DISPOSITION
Rule 73. Mandate, remand, stay, and recall
Nature of the mandate
The mandate is the Clerk’s authenticated transmission of the Supreme Court judgment and any direction necessary to implement it. It is distinct from the opinion and from the earlier entry of judgment.
Ordinary issuance
Unless the Court orders otherwise, the mandate issues seven days after the period for a merits petition for rehearing under Rule 74(a) expires. The Clerk must not issue it merely because the opinion has been released.
Earlier or later issuance
The Court may order the mandate to issue earlier or later for good cause. Earlier issuance must not unfairly eliminate a rehearing opportunity and ordinarily requires:
the parties’ written waiver or stipulation;
immediate relief necessary to protect liberty, office, jurisdiction, safety, or the effectiveness of the judgment; or
a disposition for which rehearing is unavailable or has been finally resolved.
An application to stay the mandate must be filed before issuance and satisfy Rule 62. A stipulation cannot postpone issuance without Court approval.
Effect of rehearing
A timely merits petition for rehearing automatically stays the mandate unless the Court orders otherwise. If rehearing is denied, the mandate issues immediately unless the denial order fixes another time. If rehearing is granted or the judgment is materially amended, a new issuance period runs from entry of the later judgment.
Contents
The mandate must include or attach:
the case caption and numbers;
the date of judgment;
the precise disposition;
remand directions;
any lawful cost itemization;
the opinion or order designated by the Court;
the issuance date and any stay; and
the Clerk’s signature, seal, or digital authentication.
Effect on jurisdiction
The lower tribunal regains authority over the matters remanded when the mandate issues. Before issuance, it may address a collateral matter or preserve the status quo only to the extent consistent with law and the Supreme Court’s orders. On remand, the lower tribunal must carry out both the letter and necessary effect of the mandate and may decide an issue the mandate leaves open.
Limited remand
The Court may retain appellate jurisdiction while directing the lower tribunal to make a finding, correct the record, consider specified relief, or report a development. The order must state the scope and deadline. A limited remand is not a mandate unless the order says so.
Compliance and clarification
A party asserting that the lower tribunal has misunderstood or failed to implement the mandate must first seek appropriate relief below when practicable. A motion in the Supreme Court must identify the mandate language, lower action, requested enforcement, and legal authority. It may not be used to relitigate a decided issue.
Recall
Recall of a mandate is extraordinary. The Court may recall only when necessary to correct a jurisdictional or ministerial failure, address fraud on the Court, protect the integrity of its judgment, or prevent a grave injustice for which no adequate remedy exists. A motion must be filed promptly after the ground becomes known. Recall is not a substitute for an untimely rehearing petition and requires action by a quorum.
Dismissal
No mandate or compulsory process issues after a voluntary dismissal unless the dismissal order or a later Court order requires transmission or implementation. The Clerk must nevertheless send the dismissal order to the lower tribunal.