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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.