Rule 7.03: Decision of Appellate Court

(a)  Decision. A decision of an appellate court will be announced by the filing of the opinion with the clerk of the appellate courts. The opinion will be electronically filed. On the date of filing, the clerk of the appellate courts will send one copy of the decision to the party if the party has appeared in the appellate court but has no counsel of record and will provide notice of the decision to the judge of the district court from which the appeal was taken. A certified copy of the opinion will be mailed to the clerk of the district court when the mandate issues.

(b)   Mandate. A mandate must be mailed to the clerk of the district court, accompanied by a certified copy of the opinion.

(1)   Issuance and Effective Date.

(A)   When Issued. An appellate court’s mandate will issue 7 days after:

(i)   the time to file a petition for review or motion for rehearing or modification expires;

(ii)   entry of an order denying a timely petition for review or motion for rehearing or modification; or

(iii)   any other event that finally disposes of the case on appeal.

(B)   Court May Modify Time. The court may shorten or extend the time for issuing the mandate.

(C)   Effective Date. A mandate is effective when issued.

(2)   Staying the Mandate. The timely filing of a petition for review or a motion for rehearing or modification stays the mandate until disposition of the petition or motion, unless the court orders otherwise.

[History: Am. effective February 8, 1994; Restyled rule and amended effective July 1, 2012; Am. (a) effective December 19, 2016; Am (a) effective March 30, 2020.]