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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 24. Mandate.

(1)  Within 7 days after the time to file a motion for rehearing or reconsideration has expired, or within 7 days after issuance of an order denying a timely motion for rehearing or reconsideration, whichever is later, the clerk of the supreme court shall forward to the clerk of the trial court or of the administrative agency a mandate.  The court may shorten or extend this period of time.   

       
(2)  Unless the court directs that a formal mandate issue, the mandate shall consist of a certified copy of the court's opinion or final order. 

        (3)  The mandate is effective when issued.

        (4)  Pleadings filed after the mandate has issued may not be considered or acted upon by the court.

 

Comment

   “The mandate is the order that gives authoritative notice to the trial court that the judgment appealed from has been reversed or affirmed, as the case may be.  The general rule is that the date of the mandate, not the date of the issuance of the decision, is the effective date of an appellate court’s decision, that the mandate is the order and that the court’s opinion merely gives the reason supporting the order.”  State v. Gubitosi, 153 N.H. 79, 82 (2005)(citations and quotations omitted).

 

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