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Rule 442. Mandate Issued, When (1978)


If writ of error is not sued out and a copy of a timely motion for late filing thereof is not received, the clerk shall issue the mandate, under the terms of Rule 443, after the expiration of forty-five days from the date the judgment of the court of civil appeals has become final. The mandate may be issued at an earlier date by agreement of the parties. Every mandate issued by a court of civil appeals shall contain the file number of the case in the trial court.

Amended by order of July 11, 1977, eff. Jan. 1, 1978: Provisions for issuance of mandate in certain cases after expiration of forty-five rather than thirty days. Provision that supreme court mandates contain trial court file number moved to Rule 507. Minor textual changes.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Dec. 5, 1983, eff. April 1, 1984
June 16, 1943, eff. Dec. 31, 1943 Repealed by order of April 10, 1986, eff. Sept. 1, 1986