Rules of Practice and Procedure effective September 15, 2011 - page 47

Practitioner's Note: Mandate 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.
If the parties file with the Clerk a motion to terminate a
matter (other than an application for attorney fees and
expenses) based upon a settlement agreement to be effective
upon the Court's termination of the case, the Clerk may enter
the case terminated. On motion of the appellant or petitioner
for dismissal, the Clerk may dismiss an appeal, petition, or
application for attorney fees and expenses on terms requested
by the appellant or petitioner, agreed upon by the parties, or
previously fixed by the Court.
(a) Death of a Party.
Before Notice of Appeal
. If a party entitled to
appeal dies before filing a Notice of Appeal, any person
permitted by law to do so may file the Notice of Appeal within
the time limit in Rule 4 (Filing of Appeal; Docketing; Copy of
Board Decision).
After Notice of Appeal
. If a party dies after a
Notice of Appeal is filed or while a proceeding is pending in
the Court, the personal representative of the deceased party's
estate or any other appropriate person may, to the extent
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