Rule 36. Issuance of remittitur.

(a) Date of issuance.

(1) In the Supreme Court the remittitur of the court shall issue 15 days after 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 order disposing of the petition.

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

(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 of the court, any direction as to costs, and the record of the proceedings shall constitute the remittitur.

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