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What does Mandate mean on a court document? I have had my case dismissed and then missed the appeal timeline I did file a complaint against the Judge's in the initial courthouse who dismissed my case with prejudice, and received a form from the court that displays on the left both parties, on the right states Mandate.  Rule 41(a) in accordance ..... What does this mean and what can I do?

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Well I spent a lot of money over the years over this issue including lawyer fees, trip to California, only to find out that the lawyer I gave a retainer fee to didn't do a thing and also lost her license to practice in California.  Therefore I tried to do this on my own without a lawyer and I got further ahead than I did with the said retained lawyer.  I don't have the money to spend on a lawyer but my complaint is definitely legitimate.  I couldn't find a lawyer to work on a contingency fee ......

 

 

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3 hours ago, Permanent69 said:

What does Mandate mean on a court document? I have had my case dismissed and then missed the appeal timeline I did file a complaint against the Judge's in the initial courthouse who dismissed my case with prejudice, and received a form from the court that displays on the left both parties, on the right states Mandate.  Rule 41(a) in accordance ..... What does this mean and what can I do?

 

Rule 41 of the Federal Rule of Appellate Procedure is the rule for mandate. The term mandate in this context means the order of an appellate court to a lower court. Your appeal was dismissed as untimely. From there, Rule 41(b) kicks in and provides: “The court's mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later. The court may shorten or extend the time.”

 

The mandate in most cases simply means that that the appeals court sends to the lower court (in your case the district court) “a certified copy of the judgment, a copy of the court's opinion, if any, and any direction about costs.” Once the case is returned to the district court it regains jurisdiction and then proceeds with the case based on the judgment and opinion of the appellate court.

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Does this mean that I can file a petition for the district court to rehear or re read my documents that were submitted by me during prior to the dismissal by the judge? If so do I have 7 days after I received this Mandate from the court?

 pg1067 Yes I did post in other areas under the impression that it was ok but if I need to keep all replies here on this post I will. Sorry for the mix up

 

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54 minutes ago, Permanent69 said:

pg1067 Yes I did post in other areas under the impression that it was ok but if I need to keep all replies here on this post I will. Sorry for the mix up

 

At the risk of being pedantic:  When you signed up to post here, you indicated that you had read and understood and would comply with this site's Community Guidelines, but I'm guessing that -- like most folks when faced with an "I read and agree to the terms and conditions" acknowledgment -- you didn't actually read them.  One of the community guidelines asks that you "Please don't post the same message more than once in the same thread or another thread."  The reasoning behind this is that responses tend to build on each other.  Likewise, if "Tax_Counsel" already made points A, B, C and D in another thread, it is a waste of my time to make them in a separate thread.

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