Supreme Court Rules of Procedure

TABLE OF CONTENTS

PART I.  THE COURT

Rule 

1.	Clerk
2.	Library
3.	Term
4.	Sessions and Quorum

PART II.  ATTORNEYS AND COUNSELORS

5.	Admission to the Bar
6.	Argument Pro Hac Vice
7.	Prohibition Against Practice
8.	Disbarment and Disciplinary Action
9.	Appearance of Counsel

PART III.  JURISDICTION ON WRIT OF CERTIORARI

10.	 Considerations Governing Review on Writ of Certiorari
11.	Certiorari to a United States Court of Appeals Before 		
Judgment
12.	Review on Certiorari; How Sought; Parties
13.	Review on Certiorari; Time for Petitioning
14.	Content of the Petition for a Writ of Certiorari
15.	Brief in Opposition; Reply Brief; Supplemental Brief
16.	Disposition of a Petition for a Writ of Certiorari

PART IV.   OTHER JURISDICTIONS

17.	Procedure in an Original Action
18.	Appeal from a United States District Court
19.	Procedure on a Certified Question
20.	Procedure on Petition for an Extraordinary Writ

PART V.   MOTIONS AND APPLICATIONS

21.	Motions to the Court
22.	Application to Individual Justices
23.	Stays

PART VI.   BRIEFS ON THE MERITS AND ORAL ARGUMENT

24.	Brief on the Merits; In General
25.	Brief on the Merits; Time for Filing
26.	The Joint Appendix
27.	The Calendar
28.	Oral Argument

VII.  PRACTICE AND PROCEDURE

29.	Filing and Service of Documents; Special Notifications
30.	Computation and Enlargement of Time
31.	Translations
32.	Models, Diagrams, and Exhibits
33.	Printing Requirements
34.	Form of Typewritten Papers
35.	Death, Substitution, and Revivor; Public Officers
36.	Custody of Prisoners in Habeas Corpus Proceedings
37.	Brief of an Amicus Curiae
38.	Fees
39.	Proceedings in Forma Pauperis
40.	Veterans, Seamen, and Military Cases

VIII.  DISPOSITION OF CASES

41.	Opinions of the Court
42.	Interest and Damages
43.	Costs
44.	Rehearing
45.	Process; Mandates
46.	Dismissing Cases

IX.  APPLICATION OF TERMS AND EFFECTIVE DATE

47.	Term "State Court"
48.	Effective Date of Amendments

PART I.  THE COURT

Rule 1.  Clerk

.1. The Clerk shall maintain the Court's records and shall not 
permit any of them to be removed from the Court building except 
as authorized by the Court.  Any pleading, paper, or brief filed 
with the Clerk and made a part of the Court's records may not 
thereafter by withdrawn from the official Court files.  After the 
conclusion of the proceedings in this Court, any original records 
and papers transmitted to this Court by any other court will be 
returned to the court from which they were received.

.2. The office of the Clerk will be open, except on federal 
legal holiday, from 9 a.m. to 5 p.m., Monday through Friday, 
unless otherwise ordered by the Court or the Chief Justice.  See 
5 USC Section 6103 for a list of federal legal holidays.

Rule 2.  Library

.1. The Court's library is available for use by appropriate 
personnel of this Court, members of the Bar of this Court, 
Members of Congress and their legal staffs, and attorneys for the 
United States, it department and agencies.

.2. The library will be open during such times as the reasonable 
needs of the Bar may require.  Its operation shall be governed by 
regulations made by the Librarian with the approval of the Chief 
Justice or the Court.

.3. Library books may not be removed from the building, except 
by a Justice or a member of a Justice's legal staff.

Rule 3. Term

.1. The Court will hold a continuous annual Term commencing on 
the first Monday in October.  See 28 USC Section 2.  At the end 
of each Term, all cases pending on the docket will be continued 
to the next Term.

/* This results in the quaint practice as all the cases are 
captioned October term. It seems silly to state the term if there 
is no other term. */

.2. The Court at every Term will announce the date after which 
no case will be called for oral argument at the Term unless 
otherwise ordered.

Rule 4.  Sessions and Quorum

.1. Open sessions of the Court will be held beginning at 10 a.m. 
on the first Monday in October of each year, and thereafter as 
announced by the Court.  Unless otherwise ordered, the Court will 
sit to hear arguments from 10 a.m. until noon and from 1 p.m. 
until 3 p.m.

.2. Any six Members of the Court constitute a quorum.  See 28 
USC Section 1.  In the absence of a quorum on any day appointed 
for holding a session of the Court, the Justices attending, or if 
no Justice is present, the Clerk or a Deputy Clerk may announce 
that the Court will not meet until there is a quorum.

.3. The Court in appropriate circumstances may direct the Clerk 
or the Marshal to announce recesses.

PART II.  ATTORNEYS AND COUNSELORS

Rule 5.  Admission to the Bar

.1. It shall be requisite for admission to the Bar of this Court 
that the applicant shall have been admitted to practice in the 
highest court of a State, Commonwealth, Territory or Possession, 
or of the District of Columbia for the three years immediately 
proceeding the date of application and shall have been free from 
any adverse disciplinary action whatsoever during that 3-year 
period, and that the applicant appears to the Court to be of good 
moral and professional character.

.2. Each applicant shall file with the Clerk (1) a certificate 
from the presiding judge, clerk, or other authorized official of 
the court evidencing the applicant's admission to practice there 
and the applicant's current good standing, and (2) a completely 
executed copy of the form approved by the Court and furnished by 
the Clerk containing (i) the applicant's personal statement and 
(ii) the statement of two sponsors (who must be members of the 
Bar of this Court and who must personally know, but not be 
related to, the applicant) endorsing the correctness of the 
applicant's statement, stating that the applicant possesses all 
the qualifications required for admission, and affirming that the 
applicant is of good moral and professional character.

.3. If the documents submitted demonstrate that the applicant 
possesses the necessary qualifications, has signed the oath or 
affirmation, and has paid the required fee, the Clerk will notify 
the applicant of acceptance by the Court as a member of the Bar 
and issue a certificate of admission.  An applicant who so 
desires may be admitted in open court on oral motion by a member 
of the Bar of this Court, provided that all other requirements 
for admission have been satisfied.

.4. Each applicant shall take or subscribe to the following oath 
or affirmation:

I, ______________, do solemnly swear (or affirm) that as an 
attorney and as a counselor of this Court, I will conduct myself 
uprightly and according of law, and that I will support the 
Constitution of the United States.

.5. The fee for admission to the Bar and a certificate under 
seal is $100, payable to the Marshal, U. S. Supreme Court.  The 
Marshal shall maintain the proceeds as a separate fund to be 
disbursed by the Marshal at the direction of the Chief Justice 
for the costs of admissions, for the benefit of the Court and the 
Supreme Court Bar, and for related purposes.

.6. The cost for a duplicate certificate of admission to the Bar 
under seal is $10, payable to the Marshal, U. S. Supreme Court.  
The proceeds shall be maintained by the Marshall as provided in 
paragraph .5 of this rule.

Rule 6.  Argument Pro Hac Vice

.1. An attorney not admitted to practice in the highest court of 
a State, Commonwealth, Territory or Possession, or the District 
of Columbia for the requisite three years, but who is otherwise 
eligible for admission to practice in this Court under Rule 5.1, 
may be permitted to argue pro hac vice.

/* Although this rule is stated such relief is extremely 
unqualified. */

.2. An attorney, barrister, or advocate who is qualified to 
practice in the courts of a foreign state may be permitted to 
argue pro hac vice.

.3. Oral argument pro hac vice will be allowed only on motion of 
the attorney of record for the party on whose behalf leave is 
requested.  The motion must briefly and distinctly state the 
appropriate qualifications of the attorney who is to argue pro 
hac vice.  It must be filed with the Clerk, in the form 
prescribed by Rule 21, no later than the date on which the 
respondent's or appellee's brief on the merits is due to be filed 
and must be accompanied by proof of service pursuant to Rule 29.

Rule 7.  Prohibition Against Practice

.1. The Clerk shall not practice as an attorney or counselor 
while holding office.

.2. No law clerk, secretary to a Justice, or other employee of 
this Court shall practice as an attorney or counselor in any 
court or before any agency of government while employed at the 
Court; nor shall any person after leaving employment in this 
Court participate, by way of any form of professional 
consultation or assistance, in any case pending before this 
Court or in any case being considered for filing in this Court, 
until two years have elapsed after separation; not shall a former 
employee ever participate, by way of any form of professional 
consultation or assistance, in any case that was pending in this 
Court during the employee's tenure.

Rule 8.  Disbarment and Disciplinary Action

.1. Whenever it is shown to the Court that a member of the Bar 
of this Court has been disbarred or suspended from practice in 
any court of record, or has engaged in conduct unbecoming a 
member of the Bar of this Court, that member will be suspended 
from practice before this Court forthwith and will be afforded 
the opportunity to show cause, within 40 days, why a disbarment 
order should not be entered.  Upon response, or upon the 
expiration of the 40 days if no response is made, the Court will 
enter an appropriate order.

.2. The Court may, after reasonable notice and an opportunity to 
show cause why disciplinary action should not be taken, and after 
a hearing if material facts are in dispute, take any appropriate 
disciplinary action against any attorney who practices before it 
for conduct unbecoming a member of the Bar or failure to comply 
with these Rules or any Rule of the Court.

Rule 9.  Appearance of Counsel

.1. An attorney seeking to file a pleading, motion, or other 
paper in this Court in a representative capacity must first be 
admitted to practice before this Court pursuant to Rule 5.  The 
attorney whose name, address, and telephone number appear on the 
cover of a document being filed will be deemed counsel of record, 
and a separate notice of appearance need not be filed.  If the 
name of more than one attorney is shown on the cover of the 
document, the attorney who is counsel of record must be clearly 
identified.

.2. An attorney representing a party who will not be filing a 
document must enter a separate notice of appearance as counsel of 
record indicating the name of the party represented.  If an 
attorney is to be substituted as counsel of record in a 
particular case, a separate notice of appearance must also be 
entered.

PART III.  JURISDICTION ON WRIT OF CERTIORARI

Rule 10.  Considerations Governing Review on Writ of Certiorari

.1. A review on writ of certiorari is not a matter of right, but 
of judicial discretion.  A petition for a writ of certiorari will 
be granted only when there are special and important reasons 
therefor.  The following, while neither controlling nor fully 
measuring the Court's discretion, indicate the character of 
reasons that will be considered:

(a) When a United States court of appeals has rendered a 
decision in conflict with the decision of another United 
States court of appeals on the same matter; or has decided a 
federal question in a way in conflict with a state court of 
last resort; or has so far departed from the accepted and 
usual course of judicial proceedings, or sanctioned such a 
departure by a lower court, as to call for an exercise of 
this Court's power of supervision.

(b) When a state court of last resort has decided a federal 
question in a way that conflicts with the decision of 
another state court of last resort or of a United States 
court of appeals.

© When a state court or a United States court of appeals 
has decided an important question of federal law which has 
not been, but should be, settled by this Court, or has 
decided a federal question in a way that conflicts with 
applicable decisions of this Court.

/* A careful reading of this rule is necessary for all advocates 
before the Court. It is vital to consider this part of the rule 
as an actual guide to the inner workings of the court itself. 
Having spoken to persons who have worked for the Court cases are 
considered for possible review in accordance with their public 
importance; the factors stated above are in fact primary to the 
Court. */

.2. The same general considerations outlined above will control 
in respect to a petition for a writ of certiorari to review a 
judgment of the United States Court of Military Appeals.

Rule 11.  Certiorari to a United States Court of Appeals Before 
Judgment.

A petition for a writ of certiorari to review a case pending in a 
United States court of appeals, before judgment is given in that 
court, will be granted only upon a showing that the case is of 
such imperative public importance as to justify deviation from 
normal appellate practice and to require immediate settlement in 
this Court.  28 USC Section 2101(e).

Rule 12.  Review on Certiorari; How Sought; Parties

.1. The petitioner's counsel, who must be a member of the Bar of 
this Court, shall file, with proof of service as provided by Rule 
29, 40 copies of printed petition for a writ of certiorari, which 
shall comply in all respects with Rule 14, and shall pay the 
docket fee prescribed by Rule 38.  The case then will be placed 
on the docket.  It shall be the duty of counsel for the 
petitioner to notify all respondents, on a form supplied by the 
Clerk, of the date of filing and of the docket number of the 
case.  The notice shall be served as required by Rule 29.

.2. Parties interested jointly, severally, or otherwise in a 
judgment may petition separately for a writ of certiorari; or any 
two or more may join in a petition.  A party who is not shown on 
the petition for a writ of certiorari to have joined therein at 
the time the petition is filed with the Clerk may not thereafter 
join in that petition.  When two or more cases are sought to be 
reviewed on a writ of certiorari to the same court and involve 
identical or closely related questions, a single petition for a 
writ of certiorari covering all the cases will suffice.  A 
petition for a writ of certiorari shall not be joined with any 
other pleading.

.3. Not more than 30 days after receipt of the petition for writ 
of certiorari, counsel for a respondent wishing to file a cross-
petition that would otherwise be untimely shall file, with proof 
of service as prescribed by Rule 29, 40 printed copies of a 
cross-petition for a writ of certiorari, which shall comply in 
all respects with Rule 14, except that materials printed in the 
appendix to the original petition need not be reprinted, and 
shall pay the docket fee pursuant to Rule 38.  The cover of the 
petition shall clearly indicate that it is cross-petition.  The 
cross-petition will then be placed on the docket subject, 
however, to the provisions of Rule 13.5.  It shall be the duty of 
counsel for the cross-petitioner to notify the cross-respondent, 
on a form suppled by the Clerk, of the date of docketing and of 
the docket number of the cross-petition.  The notice shall be 
served as required by Rule 29.  A cross-petition for a writ of 
certiorari may not be joined with any other pleading, and the 
Clerk shall not accept any pleading so joined.  The time for 
filing a cross-petition may not be extended.

.4. All parties to the proceeding in the court whose judgment is 
sought to be reviewed shall be deemed parties in this Court, 
unless the petitioner notifies the Clerk of this Court in writing 
of the petitioner's belief that one or more of the parties below 
has no interest in the outcome of the petition.  A copy of the 
notice shall be served as required by Rule 29 on all parties to 
the proceeding below.  A party noted as no longer interested may 
remain a party by promptly notifying the Clerk, with service on 
the other parties, of an intention to remain a party.  All 
parties other than petitioner shall be respondents, but any 
respondent who supports the position of petitioner shall meet the 
time schedule for filing papers which is provided for that 
petitioner, except that a response to the petition shall be filed 
within 20 days after its receipt, and the time may not be 
extended.

.5. The clerk of the court having possession of the record shall 
retain custody thereof pending notification from the Clerk of 
this Court that the record is to be certified and transmitted to 
this Court.  When requested by the Clerk of the Court to certify 
and transmit the record, or any part of it, the clerk of the 
court having possession of the record shall number the documents 
to be certified and shall transmit therewith a numbered list 
specifically identifying each document transmitted.  If the 
record, or stipulated portions thereof, has been printed for the 
use of the court below, that printed record, plus the proceedings 
in the court below, may be certified as the record unless one of 
the parties or the Clerk of this Court otherwise requests.  The 
record may consist of certified copies, but the presiding judge 
of the lower court who believes that original papers of any kind 
should be seen by the Court may, by order, make provision for 
their transport, safekeeping, and return.

Rule 13.  Review on Certiorari, Time for Petitioning

.1. A petition for a writ of certiorari to review a judgment in 
any case, civil or criminal, entered by a state court of last 
resort, a United States court of appeals, or the United States 
Court of Military Appeals shall be deemed in time when it is 
filed with the Clerk of this Court within 90 days after the entry 
of the judgment.  A petition for a writ of certiorari seeking 
review of a judgment of a lower state court which is subject to 
discretionary review by the state court of last resort shall be 
deemed in time when it is filed with the Clerk within 90 days 
after the entry of the order denying discretionary review.

.2. A justice of this Court, for good cause shown, may extend 
the time to file a petition for a writ of certiorari for a period 
not exceeding 60 days.

.3. The Clerk will refuse to receive any petition for a writ of 
certiorari which is jurisdictionally out of time.

.4. The time for filing a petition for a writ of certiorari runs 
from the date the judgment or decree sought to be reviewed is 
rendered, and not form the date of the issuance of the mandate 
(or its equivalent under local practice).  However, if a petition 
for rehearing is timely filed in the lower court by any party in 
the case, the time for filing the petition for a writ of 
certiorari for all parties (whether or not they requested 
rehearing or joined in the petition for rehearing) runs from the 
date of the denial of the petition for rehearing or the entry of 
a subsequent judgment.  A suggestion made to a United States 
court of appeals for a rehearing in banc pursuant to Rule 35(b), 
Federal Rules of Appellate Procedure, is not a petition for 
rehearing within the meaning of this Rule.

/* A trap for the unwary. A motion for rehearing to a panel of 
the Circuit Court does toll the time; a motion for re-hearing en 
banc (to the whole court) does not. */

.5. A cross petition for a writ of certiorari shall be deemed in 
time when it is filed with the Clerk as provided in 
paragraphs .1, .2, and .4 of this Rule, or in Rule 12.3.  
However, a cross-petition which, except for Rule 12.3, would be 
untimely, will not be granted unless a timely petition for a writ 
of certiorari of another party to the case is granted.

.6. An application to extend the time to file a petition for a 
writ of certiorari must set out the grounds on which the 
jurisdiction of this Court is invoked, must identify the judgment 
sought to be reviewed and have appended thereto a copy of the 
opinion and any order respecting rehearing, and must set forth 
with specificity the reasons why the granting of an extension of 
time is thought justified.  For the time and manner of presenting 
the application, see Rules 21, 22, and 30.  An application to 
extend the time to file a petition for a writ of certiorari is  
not favored.

/* Not favored means exactly what it is said. You start with two 
strikes against you. */

Rule 14.  Content of the Petition for a Writ of Certiorari

.1. The petition for a writ of certiorari shall contain, in the 
order here indicated:

(a) The questions presented for review, expressed in the 
terms and circumstances of the case, but without unnecessary 
detail.  The questions should be short and concise and 
should not be argumentative or repetitious.  They must be 
set forth on the first page following the cover with no 
other information appearing on that page.  The statement of 
any question presented will be deemed to comprise every 
subsidiary question fairly included therein.  Only the 
questions set forth in the petition, or fairly included 
therein, will be considered by the Court.

(b) A list of all parties to the proceeding in the 
court whose judgment is sought to be reviewed, unless the 
names of all parties appear in the caption of the case.  
This listing may be done in a footnote.  See also Rule 29.1 
for the required listing of parent companies and non wholly 
owned subsidiaries.

© A table of contents and a table of authorities, if the 
petition exceeds five pages.

(d) A reference to the official and unofficial reports of 
opinions delivered in the case by other courts or 
administrative agencies.

(e) A concise statement of the grounds on which the 
jurisdiction of this Court is invoked showing:

(i) The date of the entry of the judgment or decree sought 
to be reviewed;

(ii) The date of any order respecting a rehearing, and the 
date and terms of any order granting an extension of time 
within which to file the petition for a writ of certiorari;

(iii) Express reliance upon Rule 12.3 when a cross-petition 
for a writ of certiorari is filed under that Rule and the 
date of receipt of the petition for a writ of certiorari in 
connection with which the cross-petition is filed; and

(iv) The statutory provision believed to confer on this 
Court jurisdiction to review the judgment or decree in 
question by writ of certiorari.

(f) The constitutional provisions, treaties, statutes, 
ordinances, and regulations involved in the case, setting 
them out verbatim, and giving the appropriate citation 
therefor.  If the provisions involved are lengthy, their 
citation alone will suffice at this point and their 
pertinent text must be set forth in the appendix referred to 
in subparagraph .1(k) of this Rule.

(g) A concise statement of the case containing the facts 
material to the consideration of the questions presented.

(h) If review of a judgment of a state court is sought, the 
statement of the case shall also specify the stage in the 
proceedings, both in the court of first instance and in the 
appellate courts, at which the federal questions sought to 
be reviewed were raised; the method or manner of raising 
them and the way in which they were passed upon by those 
courts; and such pertinent quotation of specific portions of 
the record or summary thereof, with specific reference to 
the places in the record where the matter appears (e.g. 
ruling on exception, portion of court's charge and exception 
thereto, assignment of errors) as will show that the federal 
question was timely and properly raised so as to give this 
Court jurisdiction to review the judgment on a writ of 
certiorari.  When the portions of the record relied upon 
under this subparagraph are voluminous, they shall be 
included in the appendix referred to in subparagraph .1(k) 
of the Rule.

(i) If review of a judgment of a United States court of 
appeals is sought, the statement of the case shall also show 
the basis for federal jurisdiction in the court of first 
instance.

(j) A direct and concise argument amplifying the reasons 
relied on for the allowance of the writ.  See Rule 10.

(k) An appendix containing, in the following order:

(i) The opinions, order, findings of fact, and conclusions 
of law, whether written or orally given and transcribed, 
delivered upon the rendering of the judgment or decree by 
the court whose decision is sought to be reviewed.

(ii) Any other opinions, order, findings of fact, and 
conclusions of law rendered in the case by courts or 
administrative agencies, and, if reference thereto is 
necessary to ascertain the grounds of the judgment or 
decree, of those in companion cases.  Each document shall 
include the caption showing the name of the issuing court or 
agency, the title and number of the case, and the date of 
entry.

(iii) Any order on rehearing, including the caption showing 
the name of the issuing court, the title and number of the 
case, and the date of entry.

(iv) The judgment sought to be reviewed if the date of its 
entry is different from the date of the opinion or order 
required in sub-subparagraph (i) of this subparagraph.

(v) Any other appended materials.

If what is required by subparagraph .1(f), (h), and (k) of this 
Rule to be included in or filed with the petition is voluminous, 
it may be presented in a separate volume or volumes with 
appropriate covers.

/* Counsel who has never filed such a petition should read and 
then re-read these requirements and be sure to follow them. There 
is nothing more disheartening than getting your petition returned 
with a table of misdeeds. */

.2. The petition for a writ of certiorari and the appendix 
thereto, whether in the same or a separate volume, shall be 
produced in conformity with Rule 33.  The Clerk shall not accept 
any petition for a writ of certiorari that does not comply with 
this Rule and with Rule 33, except that a party proceeding in 
forma pauperis may proceed in the manner provided in Rule 39.

.3. All contentions in support of a petition for a writ of 
certiorari shall be set forth in the body of the petition, as 
provided in subparagraph .1(j) of this Rule.  No separate brief 
in support of a petition for a writ of certiorari will be 
received, and the Clerk will refuse to file any petition for a 
writ of certiorari to which is annexed or appended any supporting 
brief.

.4. The petition for a writ of certiorari shall be as short as 
possible and may not exceed the page limitations set out in Rule 
33.

.5. The failure of a petitioner to present with accuracy, 
brevity, and clearness whatever is essential to a ready and 
adequate understanding of the points requiring consideration will 
be a sufficient reason for denying the petition.

/* Brevity is the soul of wit. Although clever lawyering can 
help, for a case to make it to the Supreme Court, the facts and 
legal issues are vital. A clear statement of the issue, briefly 
and concisely made will impress more than any length of verbiage. 
It is hard to be brief! */

Rule 15.  Brief in Opposition; Reply Brief; Supplemental Brief

.1. A brief in opposition to a petition for a writ of certiorari 
serves an important purpose in assisting the Court in the 
exercise of its discretionary jurisdiction.  In addition to other 
arguments for denying the petition, the brief in opposition 
should address any perceived misstatements of fact or law set 
forth in the petition which have a bearing on the question of 
what issues would properly be before the Court if certiorari were 
granted.  Unless this is done, the Court may grant the petition 
in the mistaken belief that the issues presented can be decided, 
only to learn upon full consideration of the briefs and record at 
the time of oral argument that such is not the case.  Counsel are 
admonished that they have an obligation to the Court to point out 
any perceived misstatements in the brief in opposition, and not 
later.  Any defect of this sort in the proceedings below that 
does not go to jurisdiction may be deemed waived if not called to 
the attention of the Court by the respondent in the brief in 
opposition.

.2. The respondent shall have 30 days (unless enlarged by the 
Court or a Justice thereof or by the Clerk pursuant to Rule 30.4) 
after receipt of a petition within which to file 40 printed 
copies of an opposing brief disclosing any matter or ground as to 
why the case should not be reviewed by this Court.  See Rule 10.  
The brief in opposition shall comply with Rule 33 and with the 
requirements of Rule 24 governing a respondent's brief, and shall 
be served as prescribed by Rule 29.  A brief in opposition shall 
not be joined with any other pleading.  The Clerk shall not 
accept a brief which does not comply with this Rule and with Rule 
33, except that a party proceeding in forma pauperis may proceed 
in the manner provided in Rule 39.  If the petitioner is 
proceeding in forma pauperis, the respondent may file 12 
typewritten copies of a brief in opposition prepared in the 
manner prescribed by Rule 34.

.3. A brief in opposition shall be as short as possible and may 
not exceed the page limitations set out in Rule 33.

.4. No motion by a respondent to dismiss a petition for a writ 
of certiorari will be received.  Objections to the jurisdiction 
of the Court to grant a writ of certiorari may be included in the 
brief in opposition.

.5. Upon the filing of a brief in opposition, the expiration of 
the time allowed therefor, or an express waiver of the right to 
file, the petition and brief in opposition, if any, will be 
distributed by the Clerk to the Court for its consideration.  
However, if a cross-petition for a writ of certiorari has been 
filed, distribution of both it and the petition for a writ of 
certiorari will be delayed until the filing of a brief in 
opposition by the cross-respondent, the expiration of the time 
allowed therefor, or an express waiver of the right to file.

.6. A reply brief addressed to arguments first raised in the 
brief in opposition may be filed by any petitioner, but 
distribution and consideration by the Court under paragraph .5 of 
this Rule will not be delayed pending its filing.  Forty copies 
of the reply brief, prepared in accordance with Rule 33 and 
served as prescribed by Rule 29, shall be filed.

.7. Any party may file a supplemental brief at any time while a 
petition for a writ of certiorari is pending calling attention to 
new cases or legislation or other intervening matter not 
available at the time of the party's last filing.  A supplemental 
brief must be restricted to new matter.  Forty copies of the 
supplemental brief, prepared in accordance with Rule 33 and 
served as prescribed by Rule 29, shall be filed.

Rule 16.  Disposition of Petition for a Writ of Certiorari

.1. After consideration of the papers distributed pursuant to 
Rule 15, the Court will enter an appropriate order.  The order 
may be a summary disposition on the merits.

.2. Whenever a petition for a writ of certiorari to review a 
decision of any court is granted, the Clerk shall enter an order 
to that effect and shall forthwith notify the court below and 
counsel of record.   The case will then be scheduled for briefing 
and oral argument.  If the record has not previously been filed, 
the Clerk of this Court shall request the clerk of the court 
having possession of the record to certify it and transmit it to 
this Court.  A formal writ shall not issue unless specially 
directed.

.3. Whenever a petition for a writ of certiorari to review a 
decision of any court is denied, the Clerk shall enter an order 
to that effect and shall forthwith notify the court below and 
counsel of record.  The order of denial will not be suspended 
pending disposition of a petition for rehearing except by order 
of the Court or a Justice.

PART IV.  OTHER JURISDICTION

Rule 17.  Procedure in an Original Action

.1. This Rule applies only to an action within the Court's 
original jurisdiction under Article III of the Constitution of 
the United States.  See also 28 USC Section 1251 and the Eleventh 
Amendment to the Constitution of the United States.  A petition 
for an extraordinary writ in aid of the Court's appellate 
jurisdiction must be filed in accordance with Rule 20.

.2. The form of pleadings and motions prescribed by the Federal 
Rules of Civil Procedure should be followed in an original action 
to be filed in this Court.  In other respects those Rules, when 
their application is appropriate, may be taken as a guide to 
procedure in an original action in this Court.

.3. The initial pleading in any original action shall be 
prefaced by a motion for leave to file, and both the pleading and 
motion must be printed in conformity with Rule 33.  A brief in 
support of the motion for leave to file, which shall also comply 
with Rule 33, may also be filed with the motion and pleading.  
Sixty copies of each document, with proof of service as 
prescribed by Rule 29, are required, except that when an adverse 
party is a State, service shall be made on both the Governor and 
the attorney general of that State.

/* Yes, the Supreme Court does consider under its original 
jurisdiction cases between states etc. They are usually sent to a 
master for a report and recommended judgment. Note that the Court 
requires the Motion for Leave to file. */

.4. The case will be placed on the docket when the motion for 
leave to file and the pleading are filed with the Clerk.  The 
docket fee provided by Rule 38 must be paid at that time.

.5. Within 60 days after the receipt of the motion for leave to 
file and the pleading, an adverse party may file, with proof of 
service as prescribed by Rule 29, 60 printed copies of a brief in 
opposition to the motion.  The brief shall comply with Rule 33.  
When the brief in opposition has been filed, or when the time 
within which it may be filed has expired, the motion, pleading, 
and briefs will be distributed to the Court of the Clerk.  The 
Court may thereafter grant or deny the motion, set it down for 
oral argument, direct that additional pleadings be filed, or 
require that other proceedings be conducted.

.6. A summons issuing out of this Court in an original action 
shall be served on the defendant 60 days before the return day 
set out therein.  If the defendant does not respond by the return 
day, the plaintiff may proceed ex parte.

.7. Process against a State issued from the Court in an original 
action shall be served on both the Governor and the attorney 
general of that State.

Rule 18.  Appeal from a United States District Court

.1. A direct appeal from a decision of a United States district 
court, when authorized by law, is commenced by filing a notice of 
appeal with the clerk of the district court within 30 days after 
the entry of the judgment sought to be reviewed.  The time may 
not be extended.  The notice of appeal shall specify the parties 
taking the appeal, shall designate the judgment, or part thereof, 
appealed from and the date of its entry, and shall specify the 
statute or statutes under which the appeal is taken.  A copy of 
the notice of appeal shall be served on all parties to the 
proceeding pursuant to Rule 29 and proof of service must be filed 
in the district court with the notice of appeal.

.2. All parties to the proceeding in the district court shall be 
deemed parties to the appeal, but a party having no interest in 
the outcome of the appeal may so notify the Clerk of this Court 
and shall service a copy of the notice on all other parties.  
Parties interested jointly, severally, or otherwise in the 
judgment may appeal separately; or any two or more may join in an 
appeal.

.3. No more than 60 days after the filing of the notice of 
appeal in the district court, counsel for the appellant shall 
file, with proof of service as prescribed by Rule 29, 40 printed 
copies of a statement as to jurisdiction and pay the docket fee 
prescribed by Rule 38.  The jurisdictional statement shall 
follow, insofar as applicable, the form for a petition for a writ 
of certiorari prescribed by Rule 14. The appendix must also 
include a copy of the notice of appeal showing the date it was 
filed in the district court.  The jurisdictional statement and 
the appendices thereto must be produced in conformity with Rule 
33, except that a party proceeding in forma pauperis may proceed 
in the manner prescribed in Rule 39.  A Justice of this Court 
may, for good cause shown, extend the time for filing a 
jurisdictional statement for a period not exceeding 60 days.  An 
application to extend the time to file a jurisdictional statement 
must set out the basis of jurisdiction in this Court, must 
identify the judgment to be reviewed, must include a copy of the 
opinion, any order respecting rehearing, and the notice of 
appeal, and must set forth specific reason why the granting of an 
extension of time is justified.  For the time and manner of 
presenting the application, see Rules 21, 22, and 30.  An 
application to extend the time to file a jurisdictional statement 
is not favored.

.4. The clerk of the district court shall retain possession of 
the record pending notification from the Clerk of this Court that 
the record is to be certified and transmitted.  See Rule 12.5.

.5. After a notice of appeal has been filed,  but before the 
case is docketed in this Court, the parties may dismiss the 
appeal by stipulation filed in the district court, or the 
district court may dismiss the appeal upon motion of the 
appellant and notice to all parties.  If a notice of appeal has 
been filed, but the case has not been docketed in this Court 
within the time prescribed for docketing or any enlargement 
thereof, the district court may dismiss the appeal upon the 
motion of the appellee and notice to all parties and may make any 
order with respect to costs as may be just.  If an appellee's 
motion to dismiss the appeal is not granted, the appellee may 
have the case docketed in this Court and may seek to have the 
appeal dismissed by filing a motion pursuant to Rule 32.  If the 
appeal is dismissed, the Court may give judgment for costs 
against the appellant.

.6. Within 30 days after the receipt of the jurisdictional 
statement, the appellee may file 40 printed copies of a motion to 
dismiss, to affirm, or, in the alternative, to affirm and 
dismiss.  The motion shall comply in all respects with Rules 21 
and 33, except that a party proceeding in forma pauperis may 
proceed in the manner provided in Rule 39.  The Court may permit 
the appellee to defend a judgment on any ground that the law and 
record permit and that would not expend the relief granted.

.7. Upon the filing of the motion, or the expiration of the time 
allowed therefor, or an express waiver of the right to file, the 
jurisdictional statement and motion, if any, will be distributed 
by the Clerk to the Court for its consideration.

.8. A brief opposing a motion to dismiss or affirm may be filed 
by an appellant, but distribution to the Court under paragraph .7 
of this Rule will not be delayed pending its receipt.  Forty 
copies, prepared in accordance with Rule 33 and served as 
prescribed by Rule 29, shall be filed.

.9. Any party may file a supplemental brief at any time while a 
jurisdictional statement is pending, calling attention to new 
cases, new legislation, or other intervening matter not available 
at the time of the party's last filing.  Forty copies, prepared 
in accordance with Rule 33 and served as prescribed by Rule 29, 
shall be filed.

.10. After consideration of the papers distributed under this 
Rule, the court may summarily dispose of the appeal on the 
merits, not probable jurisdiction, or postpone jurisdiction to 
the hearing on the merits.  If not disposed of summarily, the 
case will stand for briefing and oral argument on the merits.  If 
consideration of jurisdiction is postponed, counsel, at the 
outset of their briefs and at oral argument, shall address the 
question of jurisdiction.

Rule 19.  Procedure on a Certified Question

.1. A United States court of appeals may certify to this Court a 
question or proposition of law concerning which it desires 
instruction for the proper decision of a case.  The certificate 
submitted shall contain a statement of the nature of the case and 
the facts on which the question or proposition of law arises.  
Only questions or propositions of law may be certified, and they 
must be distinct and definite.

.2. When a case is certified by a United States court of 
appeals, this Court, on application or on it own motion, may 
consider and decide the entire matter in controversy.  See 28 USC 
Section 1254(2).

.3. When a case is certified, the Clerk will notify the 
respective parties and docket the case.  Counsel shall then enter 
their appearances.  After docketing, the certificate shall be 
submitted to the Court for a preliminary examination to determine 
whether the case shall be briefed, set for argument, or 
dismissed.  No brief may be filed prior to the preliminary 
examination of the certificate.

.4. If the Court orders that the case be briefed or set for 
argument, the parties shall be notified and permitted to file 
briefs.  The Clerk of this Court shall then request the clerk of 
the court from which the case originates to certify the record 
and transmit it to this Court.  Any portion of the record to 
which the parties wish to direct the Court's particular attention 
shall be printed in a joint appendix prepared by the appellant in 
the court below under the procedures provided in Rule 26, but the 
fact that any part of the record has not been printed shall not 
prevent the parties or the Court from relying on it.

.5. A brief on the merits in a case on certificate shall comply 
with Rules 24, 25, and 33, except that the brief of the party who 
is the appellant below shall be filed within 45 days of the order 
requiring briefs or setting the case for argument.

Rule 20.  Procedure on a Petition for An Extraordinary Writ

.1. The issuance by the Court of an extraordinary writ 
authorized by 28 USC Section 1651(a) is not a matter of right, 
but of discretion sparingly exercised.  To justify the granting 
of any writ under that provision, it must be shown that the writ 
will be in aid of the Court's appellate jurisdiction, that there 
are present exceptional circumstances warranting the exercise of 
the Court's discretionary powers, and that adequate relief cannot 
be obtained in any other form or from any other court.

.2. The petition in any proceeding seeking the issuance by this 
Court of a writ authorized by 28 USC Section 1651(a), 2241, or 
2254(a), shall comply in all respects with Rule 33, except that a 

party proceeding in forma pauperis may proceed in the manner 
provided in Rule 39.  The petition shall be captioned "In re 
[name of petitioner]" and shall follow, insofar as applicable, 
the form of a petition for a writ of certiorari prescribed in 
Rule 14.  All contentions in support of the petition shall be 
included in the petition.  The case will be placed on the docket 
when 40 printed copies, with proof of service as prescribed by 
Rule 29 (subject to subparagraph .4(b) of this Rule), are filed 
with the Clerk and the docket fee is paid.

.3.	(a) A petition seeking the issuance of writ of prohibition, 
a writ of mandamus, or both in the alternative, shall set forth 
the name and shall set forth with particularity why the relief 
sought is not available in any other court.  There shall be 
appended to the petition a copy of the judgment or order in 
respect of which the writ is sought, including a copy of any 
opinion rendered in that connection, and any other paper 
essential to an understanding of the petition.

(b) The petition shall be served on the judge or judges to 
whom the writ is sought to be directed and shall also be 
served on every other party to the proceeding in respect of 
which relief is desired.  The judge or judges and the other 
parties may, within 30 days after receipt of the petition, 
file 40 printed copies of a brief or briefs in opposition 
thereto, which shall comply fully with Rule 15.  If the 
judge or judges who are named respondents do not desire to 
respond to the petition, they may so advise the Clerk and 
all parties by letter.  All persons served shall be deemed 
respondents for all purposes in the proceedings in this 
Court.

.4.	(a) A petition seeking the issuance of a writ of habeas 
corpus shall comply with the requirements of 28 USC Section 
2241 and 2242, and in particular with the provision in the 
last paragraph of Section 2242 requiring a statement of the 
"reasons for not making application to the district court of 
the district in which the applicant is held."  If the relief 
sought is from the judgment of a state court, the petition 
shall set forth specifically how and wherein the petitioner 
has exhausted available remedies in the state courts or 
otherwise comes within the provision of 28 USC Section 
2254(b).  To justify the granting of a writ of habeas 
corpus, the petitioner must show exceptional circumstances 
warranting the exercise of the Court's discretionary powers 
and must show that adequate relief cannot be obtained in any 
other form or from any other court.  These writs are rarely 
granted.

(b) Proceedings under this paragraph .4 will be ex parte, 
unless the Court requires the respondent to show cause why 
the petition for a writ of habeas corpus should not be 
granted.  A response, if ordered, shall comply fully with 
Rule 15.  Neither the denial of the petition, without more, 
not an order of transfer to a district court under the 
authority of 28 USC Section 2241(b), is an adjudication on 
the merits, and therefore does not preclude further 
application to another court for the relief sought.

.5. When a brief in opposition under subparagraph .3(b) has been 
filed, when a response under subparagraph .4(b) has been ordered 
and filed, when the time within which is may be filed has 
expired, or upon an express waiver of the right to file, the 
papers will be distributed to the Court of the Clerk

.6. If the Court orders the case to be set for argument, the 
Clerk will notify the parties whether additional briefs are 
required, when they must be filed, and, if the case involves a 
petition for a common law writ of certiorari, that the parties 
shall proceed to print a joint appendix pursuant to Rule 26.

PART IV.  MOTIONS AND APPLICATIONS

Rule 21.  Motions to the Court

.1. Every motion to the Court shall clearly state its purpose 
and the facts on which it is based and (except for a motion to 
dismiss or affirm under Rule 18) may present legal argument in 
support thereof.  No separate brief may be filed.  A motion shall 
be as short as possible and shall comply with any applicable page 
limits.  For an application addressed to a single Justice, see 
Rule 22.

.2.	(a) A motion in any action within the Court's original 
jurisdiction shall comply with Rule 17.3.

(b) A motion to dismiss or affirm under Rule 18, a motion  
to dismiss as moot (or a suggestion of mootness), a motion 
for permission to file a brief amicus curiae, and any motion 
the granting of which would be dispositive of the entire 
case or would affect the final judgment to be entered (other 
than a motion to docket and dismiss under Rule 18.5 or a 
motion for voluntary dismissal under Rule 46) shall be 
printed in accordance with Rule 33 and shall comply with all 
other requirements of that Rule.  Forty copies of the motion 
shall be filed.

© Any other motion to the Court may be typewritten in 
accordance with Rule 34, but the Court may subsequently 
require the motion to be printed by the moving party in the 
manner provided by Rule 33.

.3. A motion to the Court shall be filed with the Clerk and must 
be accompanied by proof of service as provided by Rule 29.  No 
motion shall be presented in open court, other than a motion for 
admission to the Bar, except when the proceeding to which it 
refers is being argued.  Oral argument will not be permitted on 
any motion unless the Court so directs.

.4. A response to a motion shall be made as promptly as possible 
considering the nature of the relief asked and any asserted need 
for emergency action, and, in any event, shall be made within 10 
days of receipt, unless otherwise ordered by the Court or a 
Justice or by the Clerk under the provisions of Rule 30.4.  A 
response to a printed motion shall be printed if time permits.  
In an appropriate case, however, the Court may on a motion 
without waiting for a response.

Rule 22.  Applications to Individual Justices

.1. An application addressed to an individual Justice shall be 
submitted to the Clerk, who will promptly transmit it to the 
Justice concerned.

.2. The original and two copies of any application addressed to 
an individual Justice shall be filed in the form prescribed by 
Rule 34, and shall be accompanied by proof of service on all 
parties.

.3. The Clerk in due course will advise all counsel concerned, 
by means as speedy as may be appropriate, of the disposition made 
of the application.

.4. The application shall be addressed to the Justice allotted 
to the Circuit within which the case arises.  When the Circuit 
Justice is unavailable for any reason, the application addressed 
to that Justice will be distributed to the Justice then available 
who is next junior to the Circuit Justice; the turn of the Chief 
Justice follows that of the most junior justice.

.5. A Justice denying the application will note the denial 
thereon.  Thereafter, unless action thereon is restricted by law 
to the Circuit Justice or is out of time under Rule 30.2, the 
party making the application, except in the case of an 
application for an extension of time, may renew it to any other 
Justice, subject to the provisions of this Rule.  Except when the 
denial has been without prejudice, a renewed application is not 
favored.  Any renewed application may be made by sending a letter 
to the Clerk of the Court addressed to another Justice to which 
must be attached 12 copies of the original application, together 
with proof of service pursuant to Rule 29.

.6. A Justice to whom an application for a stay or for bail is 
submitted may refer it to the Court for determination.

Rule 23.  Stays

.1. A stay may be granted by a Justice of this Court as 
permitted by law.

.2. A petitioner entitled thereto may present to a Justice of 
this Court an application to stay the enforcement of the judgment 
sought to be reviewed on writ of certiorari.  28 USC Section 2101 
(f).

.3. An application for a stay must set forth with particularity 
why the relief sought is not available for any other court or 
judge thereof.  Except in the most extraordinary circumstances, 
and application for a stay will not be entertained unless the 
relief requested has first been sought in the appropriate court 
or courts below or from a judge or judges thereof.  An 
application for a stay must identify the judgment sought to be 
reviewed and have appended thereto a copy of the order and 
opinion, if any, and a copy of the order, if any, of the court or 
judge below denying the relief sought, and must set forth with 
specificity the reasons why the granting of a stay is deemed 
justified.  The form and content of an application for a stay are 
governed by Rule 22.

.4. The judge, court, or Justice granting an application for a 
stay pending review by this Court may condition the stay on the 
filing of a supersedeas bond having an approved surety or 
sureties.  The bond shall be conditioned on the satisfaction of 
the judgment in full, together with any costs, interest, and 
damages for delay that may be awarded.  If a part of the judgment 
sought to be reviewed has already been satisfied, or is otherwise 
secured, the bond may be conditioned on the satisfaction of the 
part of the judgment not otherwise secured or satisfied, together 
with costs, interest, and damages.

PART IV.  BRIEFS ON THE MERITS AND ORAL ARGUMENT

Rule 24.  Brief on the Merits; in General

.1. A brief of a petitioner or an appellant on the merits must 
comply in all respects with Rule 33, and must contain in the 
order here indicated:

(a) The questions presented for review, stated as required 
by Rule 14.  The phrasing of the questions presented need 
not be identical with that set forth in the petition for a 
writ of certiorari or the jurisdictional statement, but the 
brief may not raise additional questions or change the 
substance of the questions already presented in those 
documents.  At this option, however, the Court may consider 
a plain error not among the questions presented by evident 
from the record and otherwise within its jurisdiction to 
decide.

(b) A list of all parties to the proceeding in the court 
whose judgment is sought to be reviewed, unless the caption 
of the case in this Court contains the names of all parties.  
This listing may be done in a footnote.  See also Rule 29.1, 
which requires a list of parent companies and nonwholly 
owned subsidiaries.

© A table of contents and a table of authorities, if the 
brief exceeds five pages.

(d) Citations of the opinions and judgments delivered in the 
courts below.

(e) A concise statement of the grounds on which the 
jurisdiction of this Court is invoked, with citation of the 
statutory provision and of the time factors upon which 
jurisdiction rests.
(f) The constitutional provisions, treaties, statutes, 
ordinances, and regulations which the case involves, setting 
them out verbatim and giving the appropriate citation 
therefor.  If the provisions involved giving the appropriate 
citation therefor.  If the provisions involved are lengthy, 
their citation alone will suffice at this point, and their 
pertinent text, if not already set forth in the petition for 
a writ of certiorari, jurisdictional statement, or an 
appendix to with document, shall be set forth in an appendix 
to the brief.

(g) A concise statement of the case containing all that is 
material to the consideration of the questions presented, 
with appropriate references to the joint appendix, e. g. (J. 
A. 12) or to the record, e.g. (R.12).

(h) A summary of the argument, suitably paragraphed, which 
should be a succinct, but accurate and clear, condensation 
of the argument actually made in the body of the brief.  A 
mere repetition of the headings under which the argument is 
arranged is not sufficient.

(i) The argument, exhibiting clearly the points of fact and 
of law being presented and citing the authorities and 
statutes relied upon.

(j) A conclusion, specifying with particularity the relief 
which the party seeks.

2. The brief filed by a respondent or an appellee must conform 
to the foregoing requirements, except that no statement of the 
case need be made beyond what may be deemed necessary to correct 
any inaccuracy or omission in the statement by the other side.  
Items required by subparagraphs .1(a), (b), (d), (e), and (f) of 
this Rule need not be included unless the respondent or appellee 
is dissatisfied with their presentation by the other side.

.3. A brief on the merits shall be as short as possible and 
shall not exceed the page limitations set out in Rule 33.  An 
appendix to brief must be limited to relevant material, and 
counsel are cautioned not to include in an appendix arguments or 
citations that properly belong in the body of the brief.

.4. A reply brief shall conform to those portions of this Rule 
that are applicable to the brief of a respondent or an appellee, 
but, if appropriately divided by topical headings, need not 
contain a summary of the argument.

.5. A reference to the joint appendix or to the record set forth 
in any brief must be accompanied by the appropriate page number.  
If the reference is to an exhibit, the page numbers at which the 
exhibit appears, at which it was offered in evidence, and at 
which it was ruled on by the judge must be indicated, e. g. 
(Pl.Ex. 14; R.199, 2134).

.6. A brief must be compact, logically arranged with proper 
headings, concise, and free from burdensome, irrelevant, 
immaterial, and scandalous matter.  A brief not complying with 
this paragraph may be disregarded and stricken by the Court.

Rule 25.  Brief on the Merits; Time for Filing

.1. Counsel for the petitioner or appellant shall file with the 
Clerk 40 copies of a brief on the merits within 45 days of the 
order granting the writ of certiorari or of the order noting or 
postponing probable jurisdiction.

/* In recent years the court has often noted probable 
jurisdiction accepted briefs and then determined whether it has 
jurisdiction thereafter. */

.2. Forty copies of the brief of the respondent or appellee must 
be filed with the Clerk within 30 days after the receipt of the 
brief filed by the petitioner or appellant.

.3. A reply brief, if any, must be filed within 30 days after 
receipt of the brief for the respondent or appellee, or must 
actually be received by the Clerk not later than one week before 
the date of oral argument, whichever is earlier.  Forty copies 
are required.

.4. The period of time stated in paragraphs .1 and .2 of this 
Rule may be enlarged as provided in Rule 30.  If a case is 
advanced for hearing, the time for filing briefs on the merits 
may be abridged as circumstances require pursuant to the order of 
the Court on its own motion or a party's application.

.5. A party desiring to present late authorities, newly enacted 
legislation, or other intervening matter that was not available 
in time to have been included in a brief may file 40 printed 
copies of a supplemental brief, restricted to new matter and 
otherwise presented in conformity with these Rules, up to the 
time the case is called for oral argument, or by leave of the 
Court thereafter.

.6. No brief will be received through the Clerk or otherwise 
after a case has been argued or submitted, except from a party 
and upon leave of the Court.

.7. No brief will be received by the Clerk unless it is 
accompanied by proof of service as required by Rule 29.

Rule 29.  The Joint Appendix

.1. Unless the parties agree to use the deferred method allowed 
in paragraph .4 of this Rule, or the Court so directs, the 
petitioner or appellant, within 45 days after the entry of the 
order granting the writ of certiorari, or noting or postponing 
jurisdiction, shall file 40 copies of a joint appendix, printed 
as prescribed by Rule 33.  The joint appendix shall contain:  (1) 
the relevant docket entries in all the courts below; (2) any 
relevant pleading, jury instruction, finding, conclusion, or 
opinion; (3) the judgment, order, or decision sought to be 
reviewed; and (4) any other parts of the record which the parties 
particularly wish to bring to the Court's attention.  Any of the 
foregoing items which have already been reproduced in a petition 
for a writ of certiorari, jurisdictional statement, brief in 
opposition to a petition for a writ of certiorari, motion to 
dismiss or affirm, or any appendix to the foregoing complying 
with Rule 33 need not be reproduced again in the joint appendix.  
The petitioner or appellant shall serve three copies of the joint 
appendix on each of the other parties to the proceeding.

.2. The parties are encouraged to agree to the contents of the 
joint appendix.  In the absence of agreement, the petitioner or 
appellant shall, not later than 10 days after receipt of the 
order granting the writ of certiorari, or noting or postponing 
jurisdiction, serve on the respondent or appellee a designation 
of parts  of the record to be included in the joint appendix.  A 
respondent or appellee who deems the part of the record so 
designated not to be sufficient shall, within 10 days after 
receipt of the designation, serve upon the petitioner or 
appellant a designation of additional parts to be included in the 
joint appendix, and the petitioner or appellant shall include the 
parts so designated.  If the respondent or appellee has been 
permitted by this Court to proceed in forma pauperis, the 
petitioner or appellant may seek by motion to be excused from 
printing portions of the record deemed unnecessary.

In making these designations, counsel should include only those 
materials the Court should examine.  Unnecessary designations 
should be avoided.  The record is on file with the Clerk and 
available to the Justices.  Counsel may refer in their briefs and 
in oral argument to relevant portions of the record not included 
in the joint appendix.

.3. When the joint appendix is filed, the petitioner or 
appellant shall immediately file with the Clerk a statement of 
the cost of printing 50 copies and shall serve a copy of the 
statement on each of the other parties to the proceeding pursuant 
to Rule 29.  Unless the parties otherwise agree, the cost of 
producing the joint appendix shall initially be paid by the 
petitioner or appellant; but a petitioner or appellant who 
considers that parts of the record designated by the respondent 
or appellee are unnecessary for the determination of the issues 
presented may so advise the respondent or appellee who then shall 
advance the cost of printing the additional parts, unless the 
Court or a Justice otherwise fixes the initial allocation of the 
costs.  The cost of printing the joint appendix shall be taxed as 
costs in the case, but if a party unnecessarily causes matter to 
be included in the joint appendix or prints excessive copies, the 
Court may impose the costs thereof on that party. 

.4.	(a) If the parties agree, or if the Court shall so order, 
preparation of the joint appendix may be deferred until 
after the briefs have been filed.  In that event, the 
petitioner or appellant shall file the joint appendix within 
14 days after receipt of the brief of the respondent or 
appellee.  The provisions of paragraphs .1, .2, and .3 of 
this Rule shall be followed, except that the designations 
referred to therein shall be made by each party when that 
party's brief is served.

(b) If the deferred method is used, the briefs may make 
reference to the pages of the record involved.  In that 
event, the printed joint appendix must also include in 
brackets on each page thereof the page number of the record 
where that material may be found.  A page number of the 
record where that material may be found.  A party desiring 
to refer directly to the pages of the joint appendix may 
serve and file typewritten or page-proof copies of the brief 
within the time required by Rule 25, with appropriate 
references to the pages of the record involved.  In that 
event, within 10 days after the joint appendix is filed, 
copies of the brief in the form prescribed by Rule 33 
containing references to the pages of the joint appendix, in 
place of or in addition to the initial references to the 
pages f the record involved, shall be served and filed.  No 
other change may be made in the brief as initially served 
and filed, except that typographical errors may be 
corrected.

.5. The joint appendix must be prefaced by a table of contents 
showing the parts of the record which it contains, in the order 
in which the parts are set out therein, with references to the 
pages of the joint appendix at which each part begins.  The 
relevant docket entries must be set out following the table of 
contents.  Thereafter, the other parts of the record shall be set 
out in chronological order.  When testimony contained in the 
reporter's transcript of proceedings is set out in the joint 
appendix, the page of the transcript at which the testimony 
appears shall be indicated in brackets immediately before the 
statement which is set out.  Omissions in the transcript or in 
any other document printed in the joint appendix must be 
indicated by asterisks.  Immaterial formal matters (captions, 
subscriptions, acknowledgments, etc.) shall be omitted.  A 
question and its answer may be contained in a single paragraph.

.6. Exhibits designated for inclusion in the joint appendix may 
be contained in a separate volume or volumes suitably indexed.  
The transcript of a proceeding before an administrative agency, 
board, commission, or officer used in an action in a district 
court or court of appeals shall be regarded as an exhibit for the 
purposes of this paragraph.

.7. The Court by order may dispense with the requirement of a 
joint appendix and may permit a case to be heard on the original 
record (with such copies of the record, or relevant parts 
thereof, as the Court may require), or on the appendix used in 
the court below, if it conforms to the requirements of this Rule.

.8. For good cause shown, the time limits specified in this Rule 
may be shortened or enlarged by the Court, by a Justice thereof, 
or by the Clerk under the provisions of Rule 30.4.

Rule 27.  The Calendar

.1. The Clerk shall from time to time prepare calendars of cases 
ready for argument.  A case will not normally be called for 
argument less than two weeks after the brief of the respondent or 
appellee is due.

.2. The Clerk will advise counsel when they are required to 
appear for oral argument and will publish a hearing list in 
advance of each argument session for the convenience of counsel 
and the information of the public.

.3. On the Court's own motion, or on motion of one or more 
parties, the Court may order that two or more cases, involving 
what appear to be the same or related questions, be argued 
together as one case or on any other terms as may be prescribed.

Rule 28.  Oral Argument

.1. Oral argument should emphasize and clarify the written 
arguments appearing in the briefs on the merits.  Counsel should 
assume that all Justices of the Court have read the briefs in 
advance of oral argument.  The Court looks with disfavor on oral 
argument read from a prepared text.

.2. The petitioner or appellant is entitled to open and conclude 
the argument.  A cross-writ of certiorari shall be argued with 
the initial writ of certiorari as one case in the time allowed 
for that one case and the Court will advise the parties who will 
open and close.

.3. Unless otherwise directed, one-half hour on each side is 
allowed for argument.  Counsel is not required to use all the 
allotted time.  A request for additional time to argue must be 
presented by a motion to the Court under Rule 21 not later than 
15 days after service of the petitioner's or appellant's brief on 
the merits and shall set forth with specificity and conciseness 
why the case cannot be presented within the half-hour limitation.  
Additional time is rarely accorded.

.4. Only one attorney will be heard for each side, except by 
special permission granted upon a request presented not later 
than 15 days after service of the petitioner's or appellant's 
brief on the merits.  The request must be presented by a motion 
to the Court under Rule 21 and shall set forth with specificity 
and conciseness why more than one attorney should argue.  Divided 
argument is not favored.

.5. In any case, and regardless of the number of counsel 
participating, counsel having the opening must present the case 
fairly and completely and not reserve points of substance for 
rebuttal.

.6. Oral argument will not be allowed on behalf of any party for 
whom no brief has been filed.

.7. By leave of the Court, and subject to paragraph .4 of this 
Rule, counsel for an amicus curiae whose brief has been duly 
filed pursuant to Rule 37 may, with the consent of a party, argue 
orally on the side of that party.  In the absence of consent, 
counsel for an amicus curiae may orally argue only by leave of 
the Court on a motion particularly setting forth why oral 
argument is thought to provide assistance to the Court not 
otherwise available.  The motion will be granted only in the most 
extraordinary circumstances.

PART VII.  PRACTICE AND PROCEDURE

Rule 29.  Filing and Service of Documents; Special Notifications

.1. Any pleading, motion, notice, brief, or other document or 
paper required or permitted to be presented to this Court, or to 
a Justice, shall be filed with the Clerk.  Every document, except 
a joint appendix or brief amicus curiae, filed by or on behalf of 
one or more corporations, shall include a list naming all parent 
companies and subsidiaries (except wholly owned subsidiaries) of 
each corporation.  This listing may be done in a footnote.  If 
there is no parent or subsidiary company to be listed, a notation 
to this effect shall be included in the document.  If a list has 
been included in a document filed earlier in the particular case, 
reference may be made to the earlier document and only amendments 
to the listing to make it currently accurate need to be included 
in the document currently being filed.

.2. To be timely filed, a document must actually be received by 
the Clerk within the time specified for filing; or be sent to the 
Clerk by first-class mail, postage prepaid, and bear a postmark 
showing that the document was mailed on or before the last day 
for filing; or, if being filed by an inmate confined in an 
institution, be deposited in the institution's internal mail 
system on or before the last day for filing an be accompanied by 
a notarized statement or declaration in compliance with 28 USC 
Section 1746 setting forth the date of deposit and stating the 
first-class postage has been prepaid.  If the postmark is missing 
or not legible, the Clerk shall require the person who mailed the 
document to submit a notarized statement or declaration in 
compliance with 28 USC Section 1746 setting forth the details of 
the mailing and stating that the mailing took place on a 
particular date within the permitted time.  A document forwarded 
through a private delivery or courier service must be received by 
the Clerk within the time permitted for filing.

/* If the pleading is in the postal system as first class mail on 
the due date it is timely. This rule means what it says. First 
class relates back to the date of mailing. Any other means of 
delivery must be received on the due date. */

.3. An pleading, motion, notice, brief, or other document 
required by these Rules to be served may be served personally or 
by mail on each party to the proceeding at or before the time of 
filing.  If the document has been produced under Rule 33, three 
copies shall be served on each other party separately represented 
in the proceeding.  If the document is typewritten pursuant to 
Rule 34, service of a single copy on each other party separately 
represented shall suffice.  If personal service is made, it may 
consist of delivery at the office of counsel of record, either to 
counsel or to an employee therein.  If service is by mail, it 
shall consist of depositing the document in a United States post 
office or mailbox, with first-class postage prepaid, addressed to 
counsel of record at the proper post office address.  When a 
party is not represented by counsel, service shall be made upon 
the party, personally or by mail.

.4.	(a) If the United States or any department, office, agency, 
officer, or employee thereof is a party to be served, 
service must also be made upon the Solicitor General, 
Department of Justice, Washington, D. C. 20530.  If a 
response by the Solicitor General is required or permitted 
within a prescribed period after service, the time does not 
begin to run until the document actually has been received 
by the Solicitor General's office.  When an agency of the 
United States is authorized by law to appear on its own 
behalf as a party, or when an officer or employee of the 
United States is a party, the agency, officer, or employee 
must also be served, in addition to the Solicitor General; 
and if a response is required or permitted within a 
prescribed period, the time does not begin to run until the 
document actually has been received by the agency, the 
officer, the employee, and the Solicitor General's office.

(b) In any proceeding in this Court wherein the 
constitutionality of an Act of Congress is drawn in 
question, and the United States or any department, office, 
agency, officer, or employee thereof is not a party, the 
initial pleading, motion, or paper filed in this Court shall 
recite that 28 USC Section 2403(a) may be applicable, and 
the document must be served on the Solicitor General, 
Department of Justice, Washington, D. C. 20530.  In a 
proceeding from any court of the United States, as defined 
by 28 USC Section 451, the initial pleading, motion, or 
paper shall also state whether or not that court, pursuant 
to 28 USC Section 2403(a), has certified to the Attorney 
General the fact that the constitutionality of an Act of 
Congress was drawn into question.

© In any proceeding in this Court wherein the 
constitutionality of any statute of a State is drawn into 
question, and the State or any agency, officer, or employee 
thereof is not a party, the initial pleading, motion, or 
paper filed in this Court shall recite that 28 USC Section 
2403(b) may be applicable and shall be served upon the 
attorney general of that State.  In a proceeding from any 
court of the United States, as defined by 28 USC Section 
451, the initial pleading, motion, or paper shall state 
whether or not that court, pursuant to 28 USC Section 
2403(b), had certified to the state attorney general the 
fact that the constitutionality of a statute of that State 
was drawn into question.

.5. Proof of service, when required by these Rules, must 
accompany the document when it is presented to the Clerk for 
filing and must be separate from it.  Proof of service may be 
shown by any one of the methods set forth below, and must 
contain, or be accompanied by, a statement that all parties 
required to be served have been served, together with a list of 
the names, addresses, and telephone numbers of counsel indicating 
the name of the party or parties each counsel represents.  It is 
not necessary that service on each party required to be served be 
made in the same manner or evidenced by the same proof.

(a) By an acknowledgment of service of the document in 
question, signed by counsel of record for the party served.

(b) By a certificate of service of the document in question, 
reciting the facts and circumstances of service in 
compliance with the appropriate paragraph or paragraphs of 
this Rule, and signed by a member of the Bar of this Court 
representing the party on whose behalf service is made.

© By a notarized affidavit or declaration in compliance 
with 28 USC Section 1746, reciting the facts and 
circumstances of service in accordance with the appropriate 
paragraph or paragraphs of this Rule, whenever service is 
made by any person not a member of the Bar of this Court.

/* The proof of service must only be notarized if the person 
making the proof is not a member of the bar. Accordingly, the 
attorney for a party may certify service without an affidavit. */

Rule 30.  Computation and Enlargement of Time

.1. In computing any period of time prescribed or allowed by 
these Rules, by order of the Court, or by an applicable statute, 
the day of the act, event, or default from which the designated 
period of time begins to run shall not be included.  The last day 
of the period shall be included, unless it is a Saturday, a 
Sunday, a federal legal holiday, or a day on which the Court 
building has been closed by order of the Court or the Chief 
Justice, in which event the period extends until the end of the 
next day which is not a Saturday, a Sunday, a federal legal 
holiday, or a day on which the Court building has been closed.  
See 5 USC Section 6103 for a list of federal legal holidays.

.2. Whenever a Justice of this Court or the Clerk is empowered 
by law or these Rules to extend the time for filing any document 
or paper, an application seeking an extension must be presented 
to the Clerk within the period sought to be extended.  However, 
an application for an extension of time to file a petition for a 
writ of certiorari or to docket an appeal must be submitted at 
least 10 days before the final filing date, the application will 
not be granted except in the most extraordinary circumstances.

.3. An application to extend the time within which a party may 
file a petition for a writ of certiorari or docket an appeal 
shall be presented in the form prescribed by Rules 13.6 and 18.3 
respectively.  An application to extend the time within which to 
file any other document or paper may be presented in the form of 
a letter to the Clerk setting forth with specificity the reasons 
why the granting of an extension of time is justified.  Any 
application seeking an extension of time must be presented and 
served upon all other parties as provided in Rule 22, and, once 
denied, may not be renewed.

.4. An application to extend the time for filing a brief, 
motion, joint appendix, or other paper, for designating parts of 
a record to be printed in the appendix, or for complying with any 
other time limit provided by these Rules (except an application 
for an extension of time to file a petition for a writ of 
certiorari, to docket an appeal, to file a reply brief on the 
merits, to file a petition for rehearing, or to issue a mandate 
forthwith) shall in the first instance be acted upon by the 
Clerk, whether addressed to the Clerk, to the Court, or to a 
Justice.  Any party aggrieved by the Clerk's action on an 
application to extend time may request that it be submitted to a 
Justice or to the Court.  The Clerk shall report action under 
this Rule of the Court in accordance with instruction that may be 
issued by the Court.

Rule 31.  Translations

Whenever any record to be transmitted to this Court contains any 
material written in a foreign language without a translation made 

under the authority of the lower court, or admitted to be 
correct, the clerk of the court transmitting the record shall 
immediately advise the Clerk of this Court to the end that this 
Court may order that a translation be supplied and, if necessary, 
printed as a part of the joint appendix.

Rule 32.  Printing Requirements

.1.	(a) Except for papers permitted by Rules 21, 22, and 39 to 
be submitted in typewritten form (see Rule 34), every 
document filed with the Court must be printed by a standard 
typographic printing process or be typed and reproduced by 
offset printing, photocopying, computer printing, or similar 
process.  The process used must product a clear, black image 
on white paper.  In an original action under Rule 17, 60 
copies of every document printed under this Rule must be 
filed; in all other cases, 40 copies must be filed.
(b) The text of every document, including any appendix 
thereto, produced by standard typographic printing must 
appear in print as 11-point or larger type with 2-point or 
more leading between lines.  The print size and typeface of 
the United States Reports from Volume 453 to date are 
acceptable.  Similar print size and typeface should be 
standard throughout.  No attempt should be made to reduce or 
condense the typeface in a manner that would increase the 
content of a document.  Footnotes must appear in print as 
9-point or larger type with 2-point or more leading between 
lines.  A document must be printed on both sides of the 
page.

© The text of every document, including any appendix 
thereto, printed or duplicated by any process other than 
standard typographic printing shall be done in pica type at 
no more than 10 characters per inch.  The lines must be 
double spaced.  The right-hand margin need not be justified, 
but there must be a margin of at least three-forths of an 
inch.  In footnotes, elite type at no more than 12 
characters per inch may be used.  The document should be 
printed on both sides of the page, if practicable.  It shall 
not be reduced in duplication.  A document which is 
photographically reduced so that the print size is smaller 
than pica type will not be received by the Clerk.

(d) Whether printed under subparagraph (b) or © of this 
paragraph, every document must be produced on opaque, 
unglazed paper 6 1/8 by 9 1/4 inches in size, with type 
matter approximately 4 1/8 by 7 1/8 inches and margins of at 
lease three-forths of an inch on all sides.  The document 
must be firmly bound in at least two places along the left 
margin (saddle stitch or perfect binding preferred) so as to 
make an easily opened volume, and not part of the text shall 
be obscured by the binding.  Spiral and other plastic 
bindings may not be used.  Appendices in patent cases may be 
duplicated is such size as is necessary to utilize copies of 
patent documents.

.2. Every document must bear on the cover, in the following 
order, from the top of the page:  (1) the number of the case or, 
if there is none, a space for one; (2) the name of this Court; 
(3) the Term; (4) the caption of the case as appropriate in this 
Court; (5) the nature of the proceeding and the name of the court 
from which the action is brought (e.g., "Petition for Writ of 
Certiorari to the United States Court of Appeals for the Fifth 
Circuit"; or, for a merits brief.  "On Writ of Certiorari to the 
United States Court of Appeals for the Fifth Circuit"); (6) the 
title of the paper (e.g. "Petition for Writ of Certiorari," 
"Brief for Respondent," "Joint Appendix"); (7) the name of the 
member of the Bar of this Court who is counsel of record for the 
party concerned, and upon whom service is to be made, with a 
notation directly thereunder that the attorney is the counsel of 
record together with counsel's office address and telephone 
number.  (There can be only one counsel of record noted on a 
single document.)  The individual names of other members of the 
Bar of this Court, or of the Bar of the highest court of a State, 
and, if desired, their post office addresses, may be added, but 
counsel of record must be clearly identified.  Names of persons 
other than attorneys admitted to a state Bar may not be listed.  
The foregoing must be displayed in an appropriate typographic 
manner and, except for the identification of counsel, may not be 
set in type smaller than 11-point or uppercase pica.

.3. Every document produced under this Rule shall comply with 
the page limits shown below and shall have a suitable cover 
consisting of heavy paper in the color indicated.  Counsel must 
be certain that there is adequate contrast between the printing 
and the color of the cover.

Type of Document                  Page Limits

.				Typo-     Typed and   Color of
.				graphic   Double      the
.				Printing  Spaced      Cover

a. Petition for a Writ of
Certiorari (Rule 14.4);
Jurisdictional State-
ment (Rule 18.3); or 
Petition for an Extra-
ordinary Writ (Rule 20.2)	30	65	White

b. Brief in Opposition (Rule
15.3); Motion to Dismiss or
Affirm (Rule 18.6); Brief in
Opposition to Mandamus or 
Response to a Petition for 
Habeas Corpus (Rule 20.4)	30	65	Orange

c. Reply to brief in Opposition
(Rule 15.6); or Brief 
Opposing a Motion to Dismiss
or Affirm (Rule 18.8)		10	20	Tan

d. Supplemental Brief
(Rules 15.7 and 18.9)		10	20	Tan

e. Brief on the Merits by
Petitioner or Appellant
(Rule 24.3)			50	110	Light Blue

f. Brief on the Merits by
Respondent or Appellee
(Rule 24.3)			50	110	Light Red

g. Reply Brief on the Merits
(Rule 24.4)			20	45	Yellow

h. Brief of an Amicus Curiae 
at the Petition State
(Rule 37.2)			20	45	Cream

i. Brief of an Amicus Curiae
on the Merits in Support 
of the Petitioner or 
Appellant or in Support 
of Neither Party 
(Rule 37.3)			30	65	Pastel or Pale Green

j. Brief of an Amicus Curiae 
on the Merits in Support 
of the Respondent or 
Appellee (Rule 37.3)		30	65	Green

k. Petition for Rehearing 
(Rule 44)			10	20	Tan

The above page limitations are exclusive of the questions 
presented page, the subject index, the table of authorities, and 
the appendix.  Verbatim quotations required by Rule 14.1(f), if 
set forth in the text of the brief rather than the appendix, are 
also excluded.  A motion for leave to file a brief amicus curiae 
filed pursuant to Rule 37 must be printed with the brief.

A document filed by the United States, by any department, office, 
or agency of the United States, or by any officer or employee of 
the United States represented by the Solicitor General shall have 
a gray cover.

A joint appendix and any other document shall have a tan cover.

In a case filed under the original jurisdiction of the Court, the 
initial pleading and motion for leave to file and any 
accompanying brief shall have white covers.  A brief in 
opposition to the motion for leave to file shall have an orange 
cover; exception to the report of a special master shall have a 
light blue cover, if filed by the plaintiff, and a light red 
cover, if filed by any other party; and a reply brief to any 
exceptions shall have a yellow cover.

.4. The Court or a Justice, for good cause shown, may grant 
leave to file a document in excess of the page limits, but these 
applications are not favored.  An application to exceed page 
limits shall comply in all respects with Rule 22 and must be 
submitted at least 15 days before the filing date of the document 
in question, except in the most extraordinary circumstances.

/* In virtually every case the court will deny such a motion. */

.5. Every document which exceeds five pages (other than a single 
joint appendix) shall, regardless of the method of duplication, 
contain a table of contents and a table of authorities (i.e. 
cases alphabetically arranged, constitutional provisions, 
statutes, textbooks, etc.) with correct references to the pages 
in the document where they are cited.

.6. The body of every document at its close shall bear the name 
of counsel of record and such other counsel, identified on the 
cover of the document is conformity with paragraph .2(7) of this 
Rule, as may be desired.  One copy of every motion or application 
(other than a motion to dismiss or affirm under Rule 18) must in 
addition be signed by counsel of record at the end thereof.

.7. The Clerk shall not accept for filing any document presented 
in a form not in compliance with this Rule, but shall return it 
indicating to the defaulting party any failure to comply.  The 
filing, however, shall not thereby be deemed untimely provided 
that new and proper copies are promptly substituted.  If the 
Court finds that the provisions of this Rule have not been 
adhered to, it may impose, in its discretion, appropriate 
sanctions including but not limited to dismissal of the action, 
imposition of costs, or disciplinary sanction upon counsel.

Rule 34.  Form of Typewritten Papers

.1. Any paper specifically permitted by these Rules to be 
presented to the Court without being printed shall, subject to 
Rule 39.3, be typewritten on opaque, unglazed paper 8 1/2 by 11 
inches in size and shall be stapled or bound at the upper 
left hand corner.  The typed matter, except quotations, must be 
double spaced.  Copies, if required, must be produced on the same 
type of paper.  All copies presented to the Court must be 
legible.

.2. The original of any motion or application (except a motion 
to dismiss or affirm under Rule 18.6) must be signed in 
manuscript by the party proceeding pro se or by counsel of record 
who must be a member of the Bar of this Court.

Rule 35.  Death, Substitution, and Revivor; Public Officers

.1. In the event a party dies after filing a notice of appeal of 
this Court, or after filing a petition for a writ of certiorari, 
the authorized representative of the deceased party may appear 
and, upon motion, be substituted as a party to the proceeding.  
If the representative does not voluntarily become a party, any 
other party may suggest the death on the record and on motion 
seek an order requiring the representative to become a party 
within a designated time.  If the representative then fails to 
become a party, the party so moving, if a respondent or appellee, 
shall be entitled to have the petition for a writ of certiorari 
or the appeal dismissed or the judgment vacated for mootness, as 
may be appropriate.  A party so moving who is a petitioner or 
appellant shall be entitled to proceed as in any other case of 
nonappearance by a respondent or appellee.  The substitution of a 
representative of the deceased, or the suggestion of death by a 
party, must be made within six months after the death of the 
party, or the case shall abate.

.2. Whenever a case cannot be revived in the court whose 
judgment is sought to be reviewed because the deceased party has 
no authorized representative within the jurisdiction of that 
court, but does have an authorized representative elsewhere, 
proceedings shall be conducted as this Court may direct.

.3. When a public officer, who is a party to a proceeding in 
this Court in an official capacity, dies, resigns, or otherwise 
ceases to hold office, the action does not abate and any 
successor in office is automatically substituted as a party.  
Proceedings following the substitution shall be in the name of 
the substituted party, but any misnomer not affecting the 
substantial rights of the parties shall be disregarded.

.4. A public officer who is a party to a proceeding in this 
Court in an official capacity may be described as a party by the 
officer's official title rather than by name, but the Court may 
require the name to be added.

Rule 36.  Custody of Prisoners in Habeas Corpus Proceedings

.1. Pending review in this Court of a decision in a habeas 
corpus proceeding commenced before a court, Justice, or judge of 
the United States, the person having custody of the prisoner 
shall not transfer custody to another person unless the transfer 
is authorized in accordance with the provisions of this Rule.

.2. Upon application by a custodian showing a need therefor, the 
court, Justice, or judge rendering the decision under review may 
authorize transfer and the substitution of a successor custodian 
as a party.

.3.	(a) Pending review of a decision failing or refusing to 
release a prisoner, the prisoner may be detained in the 
custody from which release is sought or in other appropriate 
custody or may be enlarged upon personal recognizance or 
bail, as may appear fitting to the court, Justice or judge 
rendering the decision, or to the court of appeals or to 
this Court or to a judge or Justice of either court.

(b) Pending review of a decision ordering release, the 
prisoner shall be enlarged upon personal recognizance or 
bail, unless the court, Justice, or judge rendering the 
decision, or the court of appeals, or this Court, or a judge 
or Justice of either court, shall otherwise order.

/* One of the few times that the lower Courts have jurisdiction 
to act on the case. */

.4. An initial order respecting the custody or enlargement of 
the prisoner, and any recognizance or surety taken, shall 
continue in effect pending review in the court of appeals and in 
this Court unless for reasons shown to the court of appeals or to 
this Court, or to a judge or Justice of either court, the order 
is modified or an independent order respecting custody, 
enlargement, or surety is entered.

Rule 37.  Brief of an Amicus Curiae

.1. An amicus curiae brief which brings relevant matter to the 
attention of the Court that has not already been brought to its 
attention by the parties is of considerable help to the Court.  
An amicus brief which does not serve this purpose simply burdens 
the staff and facilities of the Court and its filing is not 
favored.

.2. A brief of an amicus curiae submitted prior to the 
consideration of a petition for a writ of certiorari or a 
jurisdictional statement, accompanied by the written consent of 
all parties, may be filed only if submitted within the time 
allowed for filing a brief in opposition to the petition for a 
writ of certiorari or for filing a motion to dismiss or affirm.  
A motion for leave to file a brief amicus curiae when consent has 
been refused is not favored.  Any such motion must be filed 
within the time allowed for filing of the brief amicus curiae, 
must indicate the party or parties who have refused consent, and 
must be printed with the proposed brief.  The cover of the brief 
must identify the party supported.

.3. A brief of an amicus curiae in a case before the Court for 
oral argument may be filed when accompanied by the written 
consent of all parties and presented within the time allowed for 
the filing of the brief of the party supported, or, if in support 
of neither party, with the time allowed for filing the 
petitioner's or appellant's brief.  A brief amicus curiae must 
identify the party supported or indicate whether it suggest 
affirmance or reversal, and must be as concise as possible.  No 
reply brief of an amicus curiae and no brief of an amicus curiae 
in support of a petition for rehearing will be received.

.4. When consent to the filing of a brief of an amicus curiae in 
a case before the Court for oral argument is refused by a party 
to the case, a motion for leave to file indicating the party or 
parties who have refused consent, accompanied by the proposed 
brief and printed with in, may be presented to the Court.  A 
motion shall concisely state the nature of the applicant's 
interest and set forth facts or questions of law that have not 
been, or reasons for believing that they will not be, presented 
by the parties and their relevancy to the disposition of the 
case.  The motion may in no event exceed five pages.  A party 
served with the motion may file an objection thereto concisely 
stating the reasons for withholding consent which must be printed 
in accordance with Rule 33.  The cover of an amicus brief must 
identify the party supported or indicate whether it support 
affirmance or reversal.

.5. Consent to the filing of a brief of an amicus curiae is not 
necessary when the brief is presented on behalf of the United 
States by the Solicitor General; on behalf of any agency of the 
United States authorized by law to appear on its own behalf when 
submitted by the agency's authorized legal representative; on 
behalf of a State, Territory, or Commonwealth when submitted by 
its Attorney General; or on behalf of a political subdivision of 
a State, Territory, or Commonwealth when submitted by its 
authorized law officer.

.6. Every brief or motion filed under this Rule must comply with 
the applicable provisions of Rules 21, 24, and 33 (except that it 
shall be sufficient to set forth in the brief the interest of the 
amicus curiae, the argument, the summary of the argument, and the 
conclusion); and shall be accompanied by proof of service as 
required by Rule 29.

Rule 38.  Fees

In pursuance of 28 USC Section 1911, the fees to be charged by 
the Clerk are fixed as follows:

(a) For docketing a case on a petition for a writ of 
certiorari or on appeal or docketing any other proceeding, 
except a certified question or a motion to docket and 
dismiss an appeal pursuant to Rule 18.5, $300.00.

(b) For filing a petition for rehearing or a motion for 
leave to file a petition for rehearing, $200.00.

© For the reproduction and certification of any record or 
paper, $1.00 per page; and for comparing with the original 
thereof any photographic reproduction of any record or 
paper, when furnished by the person requesting its 
certification, $.50 per page.

(d) For a certificate under seal, $25.00.

(e) For a check paid to the Court, Clerk, or Marshal which 
is returned for lack of funds, $35.00.

Rule 39.  Proceedings in Forma Pauperis

.1. A party desiring to proceed in forma pauperis shall file 
with the pleading a motion for leave to proceed in forma 
pauperis, together with the party's notarized affidavit or 
declaration (in compliance with 28 USC Section 1746) in the form 
prescribed by the Federal Rules of Appellate Procedure, Form 4.  
See 28 USC Section 1915.  If the United States district court or 
the United States court of appeals has appointed counsel under 
the Criminal Justice Act of 1964, as amended, the party need not 
file an affidavit or declaration in compliance with 28 USC 
Section 1746, but the motion must indicate that counsel was 
appointed under the Criminal Justice Act.  See 18 USC Section 
3006A(d)(6).  The motion shall also state whether or not leave to 
proceed in forma pauperis was sought in any other court and, if 
so, whether leave was granted.

.2. The motion, and affidavit or declaration if required, must 
be filed with the petition for a writ of certiorari, 
jurisdictional statement,  or petition for an extraordinary writ, 
as the case may be, and shall comply in every respect with Rule 
21, except that it shall be sufficient to file a single copy.  If 
not received together, the documents will be returned by the 
Clerk.

.3. Every paper or document presented under this Rule must be 
clearly legible and, whenever possible, must comply with Rule 34.  
While making due allowance for any case presented under this Rule 
by a person appearing pro se, the Clerk will refuse to receive 
any document sought to be filed that does not comply with the 
substance of these Rules, or when it appears that the document is 
obviously and jurisdictionally out of time.

.4. When the papers required by paragraphs .1 and .2 of this 
Rule are presented to the Clerk, accompanied by proof of service 
as prescribed by Rule 29, they are to be placed on the docket 
without the payment of a docket fee or any other fee.

.5. The respondent or appellee in a case filed in forma pauperis 
may respond in the same manner and within the same time as in any 
other case of the same nature, except that the filing of 12 
copies of a typewritten response, with proof of service as 
required by Rule 29, will suffice whenever the petitioner or 
appellant has filed typewritten papers.  The respondent or 
appellee may challenge the grounds for the motion to proceed in 
forma pauperis in a separate document or in the response itself.

.6. Whenever the Court appoints a member of the Bar to serve as 
counsel for an indigent party in a case set for oral argument, 
the briefs prepared by that counsel, unless otherwise requested, 
will be printed under the supervision of the Clerk.  The Clerk 
will also reimburse appointed counsel for any necessary travel 
expenses to Washington, D. C., and return in connection with the 
argument.

.7. In a case in which certiorari has been granted or 
jurisdiction has been noted or postponed, this Court may appoint 
counsel to represent a party financially unable to afford an 
attorney to the extent authorized by the Criminal Justice Act of 
1964, as amended, 18 USC Section 3006A.

.8. If satisfied that a petition for a writ of certiorari 
jurisdictional statement, or petition for an extraordinary writ, 
as the case may be, is frivolous or malicious, the court may deny 
a motion to leave to proceed in forma pauperis.

(Amended July 1, 1991.)

Rule 40.  Veteran, Seamen, and Military Cases

.1. A veteran suing to establish reemployment rights under 38 
USC Section 2022, or under any other provision of law exempting a 
veteran from the payment of fees or court costs, may file a 
motion to proceed upon typewritten papers under Rule 34, except 
that the motion shall ask leave to proceed as a veteran, and the 
affidavit shall set forth the moving party's status as a veteran.

.2. A seaman suing pursuant to 28 USC Section 1916 may proceed 
without the prepayment of fees or costs or furnishing security 
therefor, but a seaman is not relieved of printing costs nor 
entitled to proceed on typewritten papers.

.3. An accused person petitioning for a writ of certiorari to 
review a decision of the United States Court of Military Appeals 
pursuant to 28 USC Section 1259 may proceed without the 
prepayment of fees or cost s or furnishing security therefor and 
without filing an affidavit of indigency, but is not relieved of 
the printing requirements under Rule 33 and is not entitled to 
proceed on typewritten papers except as authorized by the Court 
on separate motion.

PART VIII.   DISPOSITION OF CASES

Rule 41.   Opinions of the Court

Opinions of the Court will be released by the Clerk is 
preliminary form immediately upon delivery.  Thereafter the Clerk 
shall cause the opinions of the Court to be issued in slip form 
and shall deliver them to the Reporter of Decisions who shall 
prepare them for publication in the preliminary prints and bound 
volumes of the United States Reports.

Rule 42.  Interest and Damages

.1. If a judgment for money in a civil case is affirmed, 
whatever interest is allowed by law shall be payable from the 
date the judgment below was entered.  If a judgment is modified 
or reversed with a direction that a judgment for money be entered 
below, the mandate will contain instructions with respect to the 
allowance of interest.  Interest will be allowed at the same rate 
that similar judgments bear interest in the courts of the State 
in which judgment was entered or was directed to be entered.

.2. When a petition for a writ of certiorari, an appeal, or 
application for other relief is frivolous, the Court may award 
the respondent or appellee just damages and single or double 
costs.  Damages or costs may be awarded against the petitioner, 
appellant, or applicant, or against the party's attorney or 
against both.

Rule 43.  Costs

.1. If a judgment or decree is affirmed by this Court, costs 
shall be paid by the petitioner or appellant, unless otherwise 
ordered by the Court.

.2. If a judgment or decree is reversed or vacated by this 
Court, costs shall be allowed to the petitioner or appellant, 
unless otherwise ordered by the Court.

.3. The fees of the Clerk and the costs of printing the joint 
appendix are the only taxable items in this Court.  The cost of 
the transcript of the record from the court below is also a 
taxable item, but shall be taxable in that court as costs in the 
case.  The expenses of printing briefs, motions, petitions, or 
jurisdictional statements are not taxable.

.4. In a case involving a certified question, costs shall be 
equally divided unless otherwise ordered by the Court; but if a 
decision is rendered on the whole matter in controversy, see Rule 
19.2, costs shall be allowed as provided in paragraph .1 and .2 
of this Rule.

.5. In a civil action commenced on or after July 18, 1966, costs 
under this Rule shall be allowed for or against the United 
States, or an officer or agent thereof, unless expressly waived 
or otherwise ordered by the Court.  See 28 USC Section 2412.

.6. When costs are allowed in this Court, the Clerk shall insert 
an itemization of the costs in the body of the mandate or 
judgment sent to the court below.  The prevailing side shall not 
submit a bill of costs.

.7. If appropriate, the Court may adjudge double costs.

Rule 44.  Rehearing

.1. A petition for the rehearing of any judgment or decision of 
the Court on the merits shall be filed within 25 days after the 
entry of the judgment or decision, unless the time is shortened 
or enlarged by the Court or a Justice.  Forty printed copies, 
produced in conformity with Rule 33, must be filed (except when 
the party is proceeding in forma pauperis under Rule 39), 
accompanied by proof of service as prescribed by Rule 29 and the 
filing fee required by Rule 38.  The petition must briefly and 
distinctly state its grounds.  Counsel must certify that the 
petition is presented in good faith and not for delay; one copy 
of the certificate shall bear the manuscript signature of 
counsel.  A petition for rehearing is not subject to oral 
argument, and will not be granted except at the instance of a 
Justice who concurred in the judgment or decision and with the 
concurrence of a majority of the Court.

.2. A petition for the rehearing of an order denying a petition 
for a writ of certiorari shall be filed within 25 days after the 
date of the order of denial and shall comply with all the form 
and filing requirements of paragraph .1 of this Rule, including 
the payment of the filing fee is required, but its grounds must 
be limited to intervening circumstances of a substantial or 
controlling effect or to other substantial grounds not previously 
presented.  Counsel must certify that the petition is restricted 
to the grounds specified in this paragraph and that it is 
presented in good faith and not for delay.  One copy of the 
certificate shall bear the manuscript signature of counsel or of 
a party not represented by counsel.  A petition without a 
certificate shall be rejected by the Clerk.  The petition is not 
subject to oral argument.

.3. No response to a petition for rehearing will be received 
unless requested by the Court, but no petition will be granted 
without an opportunity to submit a response.

.4. Consecutive petitions and petitions that are out of time 
under this Rule will not be received.

Rule 45.  Process; Mandates

.1. All process of this Court shall be in the name of the 
President of the United States.

.2. In a case coming from a state court, the mandate shall issue 
25 days after the entry of judgment, unless the time is shortened 
or enlarged by the Court or a Justice, or unless the parties 
stipulate that it be issued sooner.  The filing of a petition for 
rehearing, unless otherwise ordered, will stay the mandate until 
disposition of the petition.  If the petition is then denied, the 
mandate shall issue forthwith.

.3. In a case coming from a United States court, a formal 
mandate will not issue unless specially directed; instead, the 
Clerk will send the court a copy of the opinion or order of this 
Court and a certified copy of the judgment (which shall include 
provisions for the recovery of costs, if any are awarded).  In 
all other respects, the provisions of paragraph .2 of this Rule 
apply.

Rule 46.  Dismissing Cases

.1. Whenever all parties, at any stage of the proceedings, file 
with the Clerk an agreement in writing that a case be dismissed, 
specifying the terms with respect to the payment of costs, and 
pay to the Clerk any fees that may be due, the Clerk, without 
further reference to the Court, shall enter an order of 
dismissal.

.2.	(a) A petitioner or appellant is a case in this Court may 
file a motion to dismiss the case, with proof of service as 
prescribed by Rule 29, and must tender to the Clerk any fees 
and costs payable.  An adverse party may, within 15 days 
after service thereof, file an objection, limited to the 
quantum of damages and costs in this Court alleged to be 
payable, or, in a proper case, to a showing that the moving 
party does not represent all petitioner or appellants.  The 
Clerk will refuse to receive any objection not so limited.

(b) When the objection goes to the standing of the moving 
party to represent the entire side, the party moving for 
dismissal, within 10 days thereafter, may file a reply, 
after which time the matter shall be submitted to the Court 
for its determination.

© If no objection is filed, or if upon objection going 
only to the quantum of damages and costs in this Court, the 
party moving for dismissal, within 10 days thereafter, 
tenders the whole of such additional damages and cost 
demanded, the Clerk, without further reference to the Court, 
shall enter an order of dismissal.  If, after objection as 
to the quantum of damages and costs in this Court, the 
moving party does not respond with a tender within 10 days, 
the Clerk shall report the matter to the Court for its 
determination.

.3. No mandate or other process shall issue on a dismissal under 
this Rule without an order of the Court.

PART IX.  APPLICATION OF TERMS AND EFFECTIVE DATE

Rule 47.  Term "State Court"

The term "state court" when used in these Rules includes the 
District of Columbia Court of Appeals and the Supreme Court of 
the Commonwealth of Puerto Rico.  See 18 USC Section 1257 and 
1258.  References in these Rules to the common law and statutes 
of a State include the common law and statutes of the District of 
Columbia and of the Commonwealth of Puerto Rico.

Rule 48.  Effective Date of Amendments

These Rules adopted December 5, 1989, shall be effective January 
1, 1990.