a. Mandates by Appellate Courts.
(1) If there has been no motion for reconsideration and no petition for review filed, the clerk of the Court of Appeals shall issue the mandate at the expiration of the time for the filing of such motion or petition.
(2) If a motion for reconsideration has been filed, the mandate shall not issue until the motion has been disposed of and until the expiration of the time provided by Rule 31.19 for the filing of a petition for review.
(3) If a petition for review is filed, the clerk of the Court of Appeals shall not issue a mandate until 15 days after the receipt by the clerk of the Court of Appeals of an order of the Supreme Court denying the petition for review.
(4) When the Supreme Court has filed any decision which requires the issuance of a mandate, the clerk of the Supreme Court shall not issue the mandate until 15 days after the filing of the decision, or if a motion for reconsideration has been filed, 15 days after the motion is disposed of.
(5) Any exhibits or other objects transmitted as originals by the clerk of the superior court to the appellate court pursuant to Rule 31.8 shall be returned with the mandate to the clerk of the appropriate court or agency. The papers, exhibits, minute entries or other objects which were transmitted as certified copies to the appellate court may be returned with the mandate to the clerk of the appropriate court or agency, or destroyed after issuance of the mandate pursuant to rule or administrative order of the appellate court.
b. Stay of Mandate Pending Application for Certiorari.
(1) Automatic Stay in Capital Cases Affirming Death Sentence. The clerk of the Supreme Court shall issue the mandate in capital cases when the time for filing a petition for writ of certiorari in the United States Supreme Court from the decision affirming the defendant's conviction and sentence on direct appeal has expired, or, in a case in which a petition for writ of certiorari has actually been filed, when the clerk of the Supreme Court is notified by the United States Supreme Court that the petition has been denied. The filing of a petition for rehearing of the denial of a petition for writ of certiorari shall not delay the issuance of the mandate.
(2) In All Other Cases.
(i) A stay of the issuance of the mandate of either the Court of Appeals or the Arizona Supreme Court pending application to the United States Supreme Court for a writ of certiorari may be granted upon request.
(ii) An application for a stay of the issuance of a mandate of the Arizona Supreme Court may be filed with the clerk of the Arizona Supreme Court within 15 days after the filing of the court's opinion, memorandum decision or order denying a motion for reconsideration.
(iii) An application for a stay of the issuance of a mandate of the Court of Appeals may be filed with the clerk of the Court of Appeals within 15 days after an order of the Supreme Court denying a petition for review, or in any other situation requiring the Court of Appeals to issue a mandate.
(iv) The stay shall not exceed 90 days unless the period is extended for cause shown. If, during the period of the stay, there is filed with the clerk of the appropriate court a notice that the party who has obtained the stay has filed a petition for a writ of certiorari, the stay shall continue until the clerk is notified by the United States Supreme Court that the writ has been denied or, in a case in which the writ has been granted, that a mandate has been issued by the United States Supreme Court.
c. Mandates From United States Supreme Court. Upon receipt of a mandate by the clerk of the appellate court from the Supreme Court of the United States in any action brought to the appellate court on appeal and taken from the appellate court by appeal or writ of error or certiorari to the Supreme Court of the United States, the clerk shall forthwith issue under the clerk's hand and the seal of the appellate court a remittitur to the superior court of the county in which the original judgment was rendered, commanding such court to take such action in the premises as is proper under the mandate.