Rules of Practice and Procedure effective September 15, 2011 - page 40

37
(1) Judgment is effective on
(A) the date prescribed in a Court order or
decision, or
(B) the date of a Court order on consent (i)
dismissing, terminating, or remanding a case, or (ii)
granting or dismissing an uncontested application for
attorney fees and expenses, when the order states that it
constitutes the mandate of the Court.
(2) Unless the Court orders otherwise, judgment is
effective when entered on the docket, which will be after the
later of
(A) the date on which the time allowed in Rule
35(d) (Time for Motion) has expired, or
(B) the date on which the Court renders a decision
on any motion(s) filed pursuant to Rule 35 (Motions for
Reconsideration, Panel Decision, or Full Court Review)
when no further motion under Rule 35 is permitted to
be filed.
Practitioner's Note: Judgment is relevant to
determining the expiration of time in which
to file an appeal of a decision of the Court or
file an application pursuant to 28 U.S.C. §
2412(d). Because entry of mandate on the
docket is a ministerial act and may not occur
on the date of mandate, practitioners are
cautioned to use diligence when calculating
time periods so as to ensure timely filings.
See
Rule 41.
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