VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 32. Issuance of Mandate; Stay of Mandate; Appeal

• Jurisdiction: United States

Rule 32. Issuance of Mandate; Stay of Mandate; Appeal

(a) Issuance of Mandate. The mandate of the Supreme Court shall issue 21 days after the entry of judgment unless the time is shortened or enlarged by order. A certified copy of the judgment and a copy of the opinion of the Supreme Court, if any, and any direction on costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Supreme Court. If the petition is denied, the mandate shall issue ten days after entry of the order denying the petition unless otherwise ordered. The filing of a notice of appeal or application for a writ of certiorari to the United States Court of Appeals for the Third Circuit will not stay the mandate.

(b) Stay of Mandate. A party who files a motion requesting a stay of the mandate pending appeal or application for writ of certiorari to the United States Court of Appeals for the Third Circuit pursuant to Section 23 of the Revised Organic Act, or the Supreme Court of the United States, must file, at the same time, proof of service on all other parties. The motion must show that an appeal would present a substantial question and that there is good cause for a stay. If granted, the Clerk of the Supreme Court shall so notify the Clerk of the Superior Court. The Supreme Court may require a bond or other security as a condition to the grant of a stay of the mandate.

(c) Appeal. Any appeal or petition for writ of certiorari from a judgment or order of the Supreme Court to the United States Court of Appeals for the Third Circuit or the Supreme Court of the United States shall be made in accordance with rules promulgated by the...