In cases in which the United States Attorney has been lead counsel in the trial court, that office shall be responsible in courts other than the Supreme Court for preserving the government's rights pending review and also pending determination of the question whether review should be sought. In consultation with the appropriate division, steps shall be taken as necessary to stay the issuance of mandates by the courts of appeals, if the issuance of the mandate might prejudice the government's interests. If a court of appeals refuses to stay the mandate or conditions its stay upon the seeking of review within a stated period, the appellate section of the appropriate division shall immediately be informed of such fact. The appellate section of the appropriate division shall likewise be informed if a district court refuses to stay further proceedings or execution of its judgment, or imposes conditions on review.

In cases primarily handled by attorneys from a Department litigating division, the appropriate division will be responsible for taking any steps necessary to preserve the government's rights.

[updated July 2018]