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Rule 36: Entry of Judgment

(a) Judgment. Judgment begins the 60-day time period for appealing to the U.S. Court of Appeals for the Federal Circuit.


(b) Date of Judgment.


(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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