Define court dating
To specify that a period should be calculated by counting all intermediate days, including weekends or holidays, the Rules used the term “calendar days.” Rule 26(a) now takes a “days-are-days” approach under which all intermediate days are counted, no matter how short the period.
Accordingly, “7 calendar days” in subdivision (b) is amended to read simply “7 days.” The Appellate Rules Committee made only one change to Rule 26(a) after publication and comment: Because the Committee is seeking permission to publish for comment a proposed new Rule 1(b) that would adopt a FRAP-wide definition of the term “state,” the Committee decided to delete from Rule 26(a)(6)(B) the following parenthetical sentence: “(In this rule, ‘state’ includes the District of Columbia and any United States commonwealth, territory, or possession.)” That change required the corresponding deletion—from the Note to Rule 26(a)(6)—of part of the final sentence (the deleted portion read “, and defines the term ‘state’—for purposes of subdivision (a)(6)—to include the District of Columbia and any commonwealth, territory or possession of the United States.
Intermediate Saturdays, Sundays, and legal holidays are counted in computing that 7-day deadline, which means that, except when the 7-day deadline ends on a weekend or legal holiday, the mandate issues exactly one week after the triggering event. For that reason, subdivision (b) has been amended to require that mandates issue 7 No changes were made to the text of the proposed amendment or to the Committee Note.
(D) The court of appeals must issue the mandate immediately when a copy of a Supreme Court order denying the petition for writ of certiorari is filed. In those instances in which the court orders earlier issuance of the mandate, the entry of the order on the docket alerts the parties to that fact.
If the petition is denied, the mandate issues 7 days after entry of the order denying the petition.
If the court grants the motion, the mandate is stayed according to the terms of the order granting the stay.
Delaying issuance of the mandate eliminates the need to recall the mandate if the motion for a stay is granted.
The existing rule provides that the mandate issues 7 days after the time to file a petition for panel rehearing expires unless such a petition is timely filed.