5th Cir. R. 41.1 — Stay of Mandate - Criminal Appeals

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 41.1 — Stay of Mandate - Criminal Appeals: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

A motion for a stay of the issuance of a mandate in a direct criminal appeal filed under FED. R. APP. P. 41 will not be granted simply upon request. Unless the petition sets forth good cause for stay or clearly demonstrates that a substantial question is to be presented to the Supreme Court, the motion shall be denied and the mandate thereafter issued forthwith.

Source of truth

A motion for a stay of the issuance of a mandate in a direct criminal appeal filed under FED. R. APP. P. 41 will not be granted simply upon request. Unless the petition sets forth good cause for stay or clearly demonstrates that a substantial question is to be presented to the Su

Official source: U.S. Court of Appeals — Fifth Circuit (Rules & Procedures)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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