Rule 15. Briefs in Opposition; Reply Briefs; Supplemental Briefs 1. A brief in opposition to a petition for a writ of certiorari may be filed by the respondent in any case, but is not manda tory except in a capital case, see Rule 14.1(a), or when or dered by the Court. 2. A brief in opposition should be stated briefly and in plain terms and may not exceed the word or page limitations CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE 14 SUPREME COURT RULE 15 specified in Rule 33. In addition to presenting other argu ments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted. Counsel are admon ished that they have an obligation to the Court to point out in the brief in opposition, and not later, any perceived mis statement made in the petition. Any objection to consider ation of a question presented based on what occurred in the proceedings below, if the objection does not go to jurisdic tion, may be deemed waived unless called to the Court’s at tention in the brief in opposition. 3. Any brief in opposition shall be filed within 30 days after the case is placed on the docket, unless the time is ex tended by the Court or a Justice, or by the Clerk under Rule 30.4. Forty copies shall be filed, except that a respondent proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies re quired for a petition by such a person under Rule 12.2, to gether with a motion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to each copy of the brief in opposition. If the petitioner is proceeding in forma pauperis, the respondent shall prepare its brief in opposition, if any, as required by Rule 33.2, and shall file an original and 10 copies of that brief. Whether prepared under Rule 33.1 or Rule 33.2, the brief in opposition shall comply with the requirements of Rule 24 governing a re spondent’s brief, except that no summary of the argument is required. A brief in opposition may not be joined with any other pleading, except that any motion for leave to proceed in forma pauperis shall be attached. The brief in opposi tion shall be served as required by Rule 29. 4. No motion by a respondent to dismiss a petition for a writ of certiorari may be filed. Any objections to the juris diction of the Court to grant a petition for a writ of certiorari shall be included in the brief in opposition. 5. The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the UNIT: CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE SUPREME COURT RULE 16 15 right to file a brief in opposition, or, if no waiver or brief in opposition is filed, upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the petition, brief in opposition, and any reply brief to the Court for its consideration no less than 10 days after the brief in opposition is filed. 6. Any petitioner may file a reply brief addressed to new points raised in the brief in opposition, but distribution and consideration by the Court under paragraph 5 of this Rule will not be deferred pending its receipt. Forty copies shall be filed, except that a petitioner proceeding in forma pau peris under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The reply brief shall be served as required by Rule 29. 7. If a cross-petition for a writ of certiorari has been dock eted, distribution of both petitions will be deferred until the cross-petition is due for distribution under this Rule. 8. 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, new legislation, or other intervening matter not available at the time of the party’s last filing. A supplemental brief shall be restricted to new matter and shall follow, insofar as applicable, the form for a brief in oppo sition prescribed by this Rule. Forty copies shall be filed, except that a party proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The supplemental brief shall be served as required by Rule 29. Rule 16. Disposition of a Petition for a Writ of Certiorari 1. After considering the documents distributed under Rule 15, the Court will enter an appropriate order. The order may be a summary disposition on the merits. 2. Whenever the Court grants a petition for a writ of cer tiorari, the Clerk will prepare, sign, and enter an order to CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE 16 SUPREME COURT RULE 17 that effect and will notify forthwith counsel of record and the court whose judgment is to be reviewed. The case then will be scheduled for briefing and oral argument. If the rec ord has not previously been filed in this Court, the Clerk will request the clerk of the court having possession of the record to certify and transmit it. A formal writ will not issue un less specially directed. 3. Whenever the Court denies a petition for a writ of cer tiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment was sought to be reviewed. The order of denial will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice. PART IV. OTHER JURISDICTION Rule 17. Procedure in an Original Action 1. This Rule applies only to an action invoking the Court’s original jurisdiction under Article III of the Constitution of the United States. See also 28 U. S. C. § 1251 and U. S. Const., Amdt. 11. A petition for an extraordinary writ in aid of the Court’s appellate jurisdiction shall be filed as pro vided in Rule 20. 2. The form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed. In other re spects, those Rules and the Federal Rules of Evidence may be taken as guides. 3. The initial pleading shall be preceded by a motion for leave to file, and may be accompanied by a brief in support of the motion. Forty copies of each document shall be filed, with proof of service. Service shall be as required by Rule 29, except that when an adverse party is a State, service shall be made on both the Governor and the Attorney Gen eral of that State. 4. The case will be placed on the docket when the motion for leave to file and the initial pleading are filed with the Clerk. The Rule 38(a) docket fee shall be paid at that time. UNIT: CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE SUPREME COURT RULE 18 17 5. No more than 60 days after receiving the motion for leave to file and the initial pleading, an adverse party shall file 40 copies of any brief in opposition to the motion, with proof of service as required by Rule 29. The Clerk will dis tribute the filed documents to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief is filed, upon the expi ration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the filed documents to the Court for its consideration no less than 10 days after the brief in opposition is filed. A reply brief may be filed, but consideration of the case will not be deferred pending its receipt. The Court thereafter may grant or deny the mo tion, set it for oral argument, direct that additional docu ments be filed, or require that other proceedings be conducted. 6. A summons issued out of this Court shall be served on the defendant 60 days before the return day specified therein. If the defendant does not respond by the return day, the plaintiff may proceed ex parte. 7. Process against a State issued out of this Court shall be served on both the Governor and the Attorney General of that State. Rule 18. Appeal from a United States District Court 1. When a direct appeal from a decision of a United States district court is authorized by law, the appeal is commenced by filing a notice of appeal with the clerk of the district court within the time provided by law after entry of the judgment sought to be reviewed. The time to file may not be ex tended. The notice of appeal shall specify the parties taking the appeal, designate the judgment, or part thereof, ap pealed from and the date of its entry, and 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 proceed ing as required by Rule 29, and proof of service shall be filed in the district court together with the notice of appeal. CLER$$RULE 01-12-10 14:42:18 PGT•CTRULE 18 SUPREME COURT RULE 18 2. All parties to the proceeding in the district court are deemed parties entitled to file documents in this Court, but a party having no interest in the outcome of the appeal may so notify the Clerk of this Court and shall serve a copy of the notice on all other parties. Parties interested jointly, severally, or otherwise in the judgment may appeal sepa rately, or any two or more may join in an appeal. When two or more judgments involving identical or closely related questions are sought to be reviewed on appeal from the same court, a notice of appeal for each judgment shall be filed with the clerk of the district court, but a single jurisdictional statement covering all the judgments suffices. Parties who file no document will not qualify for any relief from this Court. 3. No more than 60 days after filing the notice of appeal in the district court, the appellant shall file 40 copies of a jurisdictional statement and shall pay the Rule 38 docket fee, except that an appellant proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2, together with a motion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to each copy of the jurisdictional statement. The jurisdictional statement shall follow, insofar as applicable, the form for a petition for a writ of certiorari prescribed by Rule 14, and shall be served as required by Rule 29. The case will then be placed on the docket. It is the appellant’s duty to notify all appellees promptly, on a form supplied by the Clerk, of the date of filing, the date the case was placed on the docket, and the docket number of the case. The no tice shall be served as required by Rule 29. The appendix shall include a copy of the notice of appeal showing the date it was filed in the district court. For good cause, a Justice may extend the time to file a jurisdictional statement for a period not exceeding 60 days. An application to extend the time to file a jurisdictional statement shall set out the basis for jurisdiction in this Court; identify the judgment sought to be reviewed; include a copy of the opinion, any order reUNIT: CLER$$RULE 01-12-10 14:42:18 PGT•CTRULE SUPREME COURT RULE 18 19 specting rehearing, and the notice of appeal; and set out spe cific reasons why 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 juris dictional statement is not favored. 4. No more than 30 days after a case has been placed on the docket, an appellee seeking to file a conditional cross appeal (i. e., a cross-appeal that otherwise would be un timely) shall file, with proof of service as required by Rule 29, a jurisdictional statement that complies in all respects (including number of copies filed) with paragraph 3 of this Rule, except that material already reproduced in the appen dix to the opening jurisdictional statement need not be re produced again. A cross-appealing appellee shall pay the Rule 38 docket fee or submit a motion for leave to proceed in forma pauperis. The cover of the cross-appeal shall indi cate clearly that it is a conditional cross-appeal. The cross appeal then will be placed on the docket. It is the cross appellant’s duty to notify all cross-appellees promptly, on a form supplied by the Clerk, of the date of filing, the date the cross-appeal was placed on the docket, and the docket num ber of the cross-appeal. The notice shall be served as re quired by Rule 29. A cross-appeal may not be joined with any other pleading, except that any motion for leave to pro ceed in forma pauperis shall be attached. The time to file a cross-appeal will not be extended. 5. After a notice of appeal has been filed in the district court, but before the case is placed on this Court’s docket, the parties may dismiss the appeal by stipulation filed in the district court, or the district court may dismiss the appeal on the appellant’s motion, with notice to all parties. If a notice of appeal has been filed, but the case has not been placed on this Court’s docket within the time prescribed for docketing, the district court may dismiss the appeal on the appellee’s motion, with notice to all parties, and may make any just order with respect to costs. If the district court has denied the appellee’s motion to dismiss the appeal, the appellee may move this Court to docket and dismiss the apCLER$$RULE 01-12-10 14:42:18 PGT•CTRULE 20 SUPREME COURT RULE 18 peal by filing an original and 10 copies of a motion presented in conformity with Rules 21 and 33.2. The motion shall be accompanied by proof of service as required by Rule 29, and by a certificate from the clerk of the district court, certifying that a notice of appeal was filed and that the appellee’s mo tion to dismiss was denied. The appellant may not thereaf ter file a jurisdictional statement without special leave of the Court, and the Court may allow costs against the appellant. 6. Within 30 days after the case is placed on this Court’s docket, the appellee may file a motion to dismiss, to affirm, or in the alternative to affirm or dismiss. Forty copies of the motion shall be filed, except that an appellee proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a peti tion by such a person under Rule 12.2, together with a mo tion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to each copy of the motion to dismiss, to affirm, or in the alternative to affirm or dismiss. The motion shall follow, insofar as applicable, the form for a brief in opposition prescribed by Rule 15, and shall comply in all respects with Rule 21. 7. The Clerk will distribute the jurisdictional statement to the Court for its consideration upon receiving an express waiver of the right to file a motion to dismiss or to affirm or, if no waiver or motion is filed, upon the expiration of the time allowed for filing. If a motion to dismiss or to affirm is timely filed, the Clerk will distribute the jurisdictional statement, motion, and any brief opposing the motion to the Court for its consideration no less than 10 days after the motion is filed. 8. Any appellant may file a brief opposing a motion to dis miss or to affirm, but distribution and consideration by the Court under paragraph 7 of this Rule will not be deferred pending its receipt. Forty copies shall be filed, except that an appellant proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The brief shall be served as required by Rule 29. UNIT: CLER$$RULE 01-12-10 14:42:18 PGT•CTRULE SUPREME COURT RULE 18 21 9. If a cross-appeal has been docketed, distribution of both jurisdictional statements will be deferred until the cross appeal is due for distribution under this Rule. 10. 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. A supple mental brief shall be restricted to new matter and shall fol low, insofar as applicable, the form for a brief in opposition prescribed by Rule 15. Forty copies shall be filed, except that a party proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The supplemental brief shall be served as required by Rule 29. 11. The clerk of the district court shall retain possession of the record until notified by the Clerk of this Court to cer tify and transmit it. See Rule 12.7. 12. After considering the documents distributed under this Rule, the Court may dispose summarily of the appeal on the merits, note probable jurisdiction, or postpone consider ation of jurisdiction until a hearing of the case on the merits. If not disposed of summarily, the case stands 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. If the record has not previously been filed in this Court, the Clerk of this Court will request the clerk of the court in possession of the record to certify and transmit it. 13. If the Clerk determines that a jurisdictional statement submitted timely and in good faith is in a form that does not comply with this Rule or with Rule 33 or Rule 34, the Clerk will return it with a letter indicating the deficiency. If a corrected jurisdictional statement is submitted in accordance with Rule 29.2 no more than 60 days after the date of the Clerk’s letter it will be deemed timely
Posted on: Wed, 26 Jun 2013 16:01:15 +0000
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