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Rule 36

Rule 36. Issuance of remittitur.

(a) Date of issuance.

(1) In the Supreme Court the remittitur of the court shall issue 15 daysafter the entry of the judgment. If a petition for rehearing is timely filed,the remittitur of the court shall issue five days after the entry of the orderdisposing of the petition.

(2) In the Court of Appeals the remittitur of the court shall issueimmediately after the expiration of the time for filing a petition for writ ofcertiorari. If a petition for writ of certiorari is timely filed, issuance ofthe remittitur by the Court of Appeals will automatically be stayed until theSupreme Court=s disposition on thepetition for writ of certiorari. If the Supreme Court denies the petition, theCourt of Appeals shall issue its remittitur five days after entry of the orderdenying the petition. If the Supreme Court grants the petition, jurisdiction ofthe appeal shall be transferred to the Supreme Court, and the Court of Appealsshall close its file and transfer the record on appeal, if any, to the SupremeCourt.

(3) The time for issuance of the remittitur may be otherwise stayed,enlarged, or shortened by order of the court. A certified copy of the opinion ofthe court, any direction as to costs, and the record of the proceedings shallconstitute the remittitur.

(b) Stay, supersedeas or injunction pending application for review to theSupreme Court of the United States. A stay or supersedeas of the remittitur oran injunction pending application for review to the United States Supreme Courtmay be granted on motion and for good cause. Any motion for a stay of theremittitur or for approval of a supersedeas bond or for an order suspending,modifying, restoring, or granting an injunction during the pendency of theappeal shall be filed in the Utah Supreme Court. Reasonable notice of the motionshall be given to all parties. The period of the stay, supersedeas or injunctionshall be for such time as ordered by the court up to and including the finaldisposition of the application for review. A bond or other security on suchterms as the court deems appropriate may be required as a condition to the grantor continuance of relief under this paragraph. If the stay, supersedeas, orinjunction is granted until the final disposition of the application for review,the party seeking the review shall, within the time permitted for seeking thereview, file with the clerk of the court which entered the decision sought to bereviewed, a certified copy of the notice of appeal, petition for writ ofcertiorari, or other application for review, or shall file a certificate thatsuch application for review has been filed. Upon the filing of a copy of anorder of the United States Supreme Court dismissing the appeal or denying thepetition for a writ of certiorari, the remittitur shall issue immediately.