The Law Mind

Remand by an Appellate Court

E.D.N.Y. Local Civil Rule 58.1

PRE-2024 COMMITTEE NOTE The Committee recommends that the word “mandate” be added to Local Civil Rule 58.1 in order to clarify that the mandate of the Court of Appeals, when filed in the Clerk’s Office of the District Court as provided in Local Civil Rule 58.1, automatically becomes the judgment of the District Court. The mandate, which consists of “a certified copy of the judgment, a copy of the court’s opinion, if any, and any direction about costs,” Fed. R. App. P. 41(a), is the normal means by which the judgment of the Court of Appeals is transmitted to the District Court. 2024 COMMITTEE NOTE The Committee deletes unnecessary and redundant language in Local Civil Rule 58.1.
Official source: https://www.nysd.uscourts.gov/sites/default/files/local_rules/2026-01-02%20-%20EDNY%20and% · retrieved 2026-07-23