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Supreme Court Rule 45

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Revision as of 16:10, 9 December 2022 by Kate Carsella (contribs) (→‎Rule 45: Process; mandates: 2023 rules change https://www.supremecourt.gov/filingandrules/SummaryOfRuleChanges2023.pdf)
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Rule 45: Process; mandates

  • 1. All process of this Court issues in the name of the President of the United States.
  • 2. In a case on review from a state court, the mandate issues 32 days after entry of the judgment, unless the Court or a Justice shortens or extends the time, or unless the parties stipulate that it issue sooner. The filing of a petition for rehearing stays the mandate until disposition of the petition, unless the Court orders otherwise. If the petition is denied, the mandate issues forthwith.
  • 3. In a case on review from any court of the United States, as defined by 28 U. S. C. §451, a formal mandate does not issue unless specially directed; instead, the Clerk of this Court will send the clerk of the lower court a copy of the opinion or order of this Court and a certified copy of the judgment. The certified copy of the judgment, prepared and signed by this Court's Clerk, will provide for costs if any are awarded. The copy of the opinion or order and judgment will be sent 32 days after entry of the judgment, unless the Court or a Justice shortens or extends the time, or unless the parties stipulate that it be issued sooner In all other respects, the provisions of paragraph 2 of this Rule apply.

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Footnotes

  1. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.