Won appeal. Appellate court has ordered lower court to reverse and remand. I'm waiting on mandate document. How long does the court have to issue the mandate?
The Washington Court of Appeals will wait at least 30 days to file the mandate. This time period is built in to the rules to allow time for the parties to file motions to reconsider or publish or a petition for review by the Washington Supreme Court. If any motion or petition is filed, that will delay the mandate, because the mandate will not be issued until all appellate proceedings are complete.
If the parties file a stipulation that there will be no motions, the court can issue the mandate right away.
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I am not admitted to practice in WA, but I Googled the appellate rules and found, https://www.courts.wa.gov/court_rules/pdf/RAP/APP_RAP_12_05_00.pdf.
(b) When Mandate Issued by Court of Appeals. The Clerk of the Court of Appeals will
issue the mandate for a Court of Appeals decision terminating review upon stipulation of the
parties that no motion for reconsideration or petition for review will be filed. In the absence of
that stipulation, and except to the extent the mandate is stayed as provided in rule 12.6, the clerk
will issue the mandate:
(1) Thirty (30) days after the decision is filed, unless (i) a motion for reconsideration of the
decision or a motion to publish has been earlier filed, (ii) a petition for review to the Supreme
Court has been earlier filed, or (iii) the decision is a ruling of the commissioner or clerk and a
motion to modify the ruling has been earlier filed.
(2) If a motion for reconsideration or motion to publish is timely filed, 30 days after
expiration of the time for filing a petition for review under rule 13.4(a).
(3) If a petition for review has been timely filed and denied by the Supreme Court, upon
denial of the petition for review.
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