Rule 9.340 — Mandate

Rule 9.340 — Mandate

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(a) Issuance and Recall of Mandate. Unless otherwise ordered by the court or provided by these rules, the clerk shall issue such mandate or process as may be directed by the court after expiration of 15 days from the date of an order or decision. A copy thereof, or notice of its issuance, shall be served on all parties. The court may direct the clerk to recall the mandate, but not more than 120 days after its issuance.

(b) Extension of Time for Issuance of Mandate. Unless otherwise provided by these rules, if a timely motion for rehearing, clarification, certification, or issuance of a written opinion has been filed, the time for issuance of the mandate or other process shall be extended until 15 days after rendition of the order denying the motion, or, if granted, until 15 days after the cause has been fully determined.

(c) Entry of Money Judgment. If a judgment of reversal is entered that requires the entry of a money judgment on a verdict, the mandate shall be deemed to require such money judgment to be entered as of the date of the verdict.

The Final Word from the Appellate Court: The "mandate" is the official order that formally ends the appeal and sends the case back to the trial court. It signals that the appellate court's job is done and its decision is now final.

(a) When It's Issued: The appellate court clerk will automatically issue the mandate 15 days after the court's decision is released. This 15-day window gives the losing party time to file a motion for rehearing or clarification.

(b) Pausing the Mandate: If a party files a timely motion for rehearing (or a similar post-decision motion), the 15-day clock for the mandate is paused. The clock will restart only after the court rules on that motion.

(c) Money Judgments: If the appellate court reverses a case and orders the trial court to enter a money judgment that was based on a jury's verdict, the mandate ensures that the interest on that judgment starts to run from the date of the original jury verdict, not the date of the appellate decision.