38 USC App Rule 41: Front Matter
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38 USC App Rule 41: Front Matter
From Title 38-AppendixRule 41-Issuance of Mandate; Stay of Mandate
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Rule 41. Issuance of Mandate; Stay of Mandate

(a) Date of Issuance. The mandate of this Court will issue 60 days after the date of entry of judgment pursuant to Rule 36 unless the time is shortened or extended by order. A certified copy of the judgment and a copy of the opinion of the Court, if any, will constitute the mandate. If a timely Notice of Appeal to the United States Court of Appeals for the Federal Circuit is filed with the Clerk, the mandate will issue in accordance with 38 U.S.C. §7291(a).

(b) Mandate in Consented Dismissal or Remand. An order on consent dismissing or remanding a case will also constitute the mandate.

(As amended June 14, 1994, eff. Aug. 1, 1994.)