Rule 12-402. Issuance and stay of mandate.

A. Entry of disposition. Writings evidencing disposition by the appellate court shall be filed with the appellate court clerk and the filing constitutes entry thereof. B. Supreme Court. Unless otherwise ordered, mandate shall not issue until expiration of fifteen (15) days after the latest of the following events: (1) entry of disposition of the proceedings; (2) the Supreme Court’s modification of its disposition on the Court’s own motion; or (3) the Supreme Court’s modification of its disposition following the grant of a timely motion for rehearing under Rule 12-404 NMRA. C. Court of Appeals. Mandate from the Court of Appeals shall not issue until the time has elapsed for seeking certiorari in the Supreme Court. If certiorari is sought, mandate shall not issue until final disposition of the application for the writ or, if the writ is granted, until final action on the cause by the Supreme Court. For good cause shown, the Court of Appeals may recall its mandate within ten (10) days of issuance thereof. D. Stipulated mandate. The appellate court may, on stipulation of the parties, issue mandate or other process prior to the time or times above specified. E. Stay of mandate pending appeal or application for certiorari in the United States Supreme Court. A stay or recall of the mandate pending appeal or application to the United States Supreme Court for a writ of certiorari may be granted on motion. The stay shall not exceed sixty (60) days unless the period is extended for cause shown. If during the period of the stay there is filed with the appellate court clerk a notice from the clerk of the United States Supreme Court that the party who has obtained the stay has filed an appeal or a petition for the writ in that court, the stay shall continue until final disposition. On the filing of a copy of an order denying the petition for writ of certiorari or dismissing the appeal, or a judgment affirming the decision of the court, the mandate shall issue immediately. If the petition for writ of certiorari seeks review of a decision of the Court of Appeals, and if the Court of Appeals has denied a stay or recall of mandate under this paragraph, the petitioner may obtain review of the Court of Appeals’ action in the Supreme Court by filing a motion in the Supreme Court within ten (10) days of the Court of Appeals’ denial.