Rule 41: Mandate
(a) Mandate. Mandate is when the Court's judgment becomes final and is effective as a matter of law pursuant to 38 U.S.C. § 7291.
(b) Date of Mandate: Dispositive Adjudications. Mandate generally is 60 days after judgment unless-
(1) a timely notice of appeal to the U.S. Court of Appeals for the Federal Circuit is filed with the Clerk, See 38 U.S.C. § 7291(a) et seq., or
(2) the Court directs otherwise.
(c) Date of Mandate: Uncontested Dispositions. Mandate generally is 60 days after the date of a Court order (i) granting the parties' joint motion to dismiss, terminate, or remand a case, or (ii) granting or dismissing an uncontested application for attorney fees and expenses unless–
(1) a timely notice of appeal to the U.S. Court of Appeals for the Federal Circuit is filed with the Clerk, See 38 U.S.C. § 7291(a) et seq., or
(2) the parties agree in writing to waive further Court review as well as any appeal to the U.S. Court of Appeals for the Federal Circuit, and the parties request that mandate be entered prior to the expiration of the 60 days, or
(3) the Court directs otherwise.
Practitioner's Note: Because entry of mandate on the docket, including any notation as to the effective date of mandate, is a ministerial act, practitioners are cautioned to use diligence when calculating time periods so as to ensure timely filings. See Rule 36. Requests to enter mandate prior to the expiration of 60 days pursuant to Rule 41(c)(2) and Rule 42 should be incorporated in the parties' joint motion or set forth in a separate motion.
