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U.S. Code

TITLE 38 App. > RULES > Rule 41
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Rule 41. Issuance of Mandate

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(a) Date of Issuance. The mandate of the Court (which is executed by the Clerk as a ministerial action and is merely evidence that a judgment has become final) will issue no earlier than 60 days after the date of entry of the judgment pursuant to Rule 36 unless the time is shortened or extended by order. If a timely Notice of Appeal to the United States Court of Appeals for the Federal Circuit is filed with the Clerk, the mandate of the Court will issue in accordance with 38 U.S.C. § 7291 (a).
(b) Mandate in Consent Dispositions. An order on consent (1) dismissing, terminating, or remanding a case or (2) granting or dismissing an uncontested application for attorney fees and expenses will also constitute the final judgment and mandate of the Court.
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