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. Mandate generally is 60 days after judgment entered 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) mandate was issued as part of an order on consent (i) dismissing, terminating, or remanding a case, or (ii) granting or dismissing an uncontested application for attorney fees and expenses (see Rule 36(b)(1)(B)), or
(3) the Court directs otherwise.
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.Back