These are the Rules the Supreme Court uses to decide what cases to accept
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PART III. JURISDICTION ON WRIT OF CERTIORARI
Rule 10. Considerations Governing Review on
Certiorari
Review on a writ of certiorari is not a matter of right, but
of judicial discretion. A petition for a writ of certiorari will
be granted only for compelling reasons. The following, although
neither controlling nor fully measuring the Court’s
discretion, indicate the character of the reasons the Court
considers:
(a) a United States court of appeals has entered a decision
in conflict with the decision of another United
States court of appeals on the same important matter;
has decided an important federal question in a way that
conflicts with a decision by a state court of last resort;
or has so far departed from the accepted and usual
course of judicial proceedings, or sanctioned such a de
parture by a lower court, as to call for an exercise of
this Court’s supervisory power;
(b) a state court of last resort has decided an important
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;
(c) a state court or a United States court of appeals
has decided an important question of federal law that
has not been, but should be, settled by this Court, or
has decided an important federal question in a way that
conflicts with relevant decisions of this Court.
A petition for a writ of certiorari is rarely granted when the
asserted error consists of erroneous factual findings or the
misapplication of a properly stated rule of law.
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 entered
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
determination in this Court. See 28 U. S. C.
§ 2101(e).
Rule 12. Review on Certiorari: How Sought; Parties
1. Except as provided in paragraph 2 of this Rule, the petitioner
shall file 40 copies of a petition for a writ of certiorari,
prepared as required by Rule 33.1, and shall pay the Rule
38(a) docket fee.
2. A petitioner proceeding in forma pauperis under Rule
39 shall file an original and 10 copies of a petition for a writ
of certiorari prepared as required by Rule 33.2, together
with an original and 10 copies of the motion for leave to
proceed in forma pauperis. A copy of the motion shall precede
and be attached to each copy of the petition. An inmate
confined in an institution, if proceeding in forma pauUNIT:
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SUPREME COURT RULE 12 7
peris and not represented by counsel, need file only an
original petition and motion.
3. Whether prepared under Rule 33.1 or Rule 33.2, the
petition shall comply in all respects with Rule 14 and shall
be submitted with proof of service as required by Rule 29.
The case then will be placed on the docket. It is the petitioner’s
duty to notify all respondents 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 notice shall be served as required by Rule 29.
4. 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 not shown
on the petition as joined therein at the time the petition is
filed may not later join in that petition. When two or more
judgments 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 judgments suffices. A petition for a writ of certiorari
may not be joined with any other pleading, except that any
motion for leave to proceed in forma pauperis shall be
attached.
5. No more than 30 days after a case has been placed on
the docket, a respondent seeking to file a conditional crosspetition
(i. e., a cross-petition that otherwise would be untimely)
shall file, with proof of service as required by Rule
29, 40 copies of the cross-petition prepared as required by
Rule 33.1, except that a cross-petitioner proceeding in forma
pauperis under Rule 39 shall comply with Rule 12.2. The
cross-petition shall comply in all respects with this Rule and
Rule 14, except that material already reproduced in the appendix
to the opening petition need not be reproduced again.
A cross-petitioning respondent shall pay the Rule 38(a)
docket fee or submit a motion for leave to proceed in forma
pauperis. The cover of the cross-petition shall indicate
clearly that it is a conditional cross-petition. The crosspetition
then will be placed on the docket, subject to the
provisions of Rule 13.4. It is the cross-petitioner’s duty to
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notify all cross-respondents promptly, on a form supplied by
the Clerk, of the date of filing, the date the cross-petition
was placed on the docket, and 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, except that any motion
for leave to proceed in forma pauperis shall be attached.
The time to file a conditional cross-petition will not be
extended.
6. All parties to the proceeding in the court whose judgment
is sought to be reviewed are deemed parties entitled
to file documents 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 have no interest in the
outcome of the petition. A copy of such 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 notifying the Clerk promptly, with service
on the other parties, of an intention to remain a party. All
parties other than the petitioner are considered respondents,
but any respondent who supports the position of a petitioner
shall meet the petitioner’s time schedule for filing documents,
except that a response supporting the petition shall
be filed within 20 days after the case is placed on the docket,
and that time will not be extended. Parties who file no document
will not qualify for any relief from this Court.
7. The clerk of the court having possession of the record
shall keep it until notified by the Clerk of this Court to certify
and transmit it. In any document filed with this Court,
a party may cite or quote from the record, even if it has
not been transmitted to this Court. When requested by the
Clerk of this 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,
have been printed for the use of the court below, that
printed record, plus the proceedings in the court below, may
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be certified as the record unless one of the parties or the
Clerk of this Court requests otherwise. The record may
consist of certified copies, but if the lower court is of the
view that original documents of any kind should be seen by
this Court, that court may provide by order for the transport,
safekeeping, and return of such originals.
Rule 13. Review on Certiorari: Time for Petitioning
1. Unless otherwise provided by law, 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 or a United States
court of appeals (including the United States Court of Appeals
for the Armed Forces) is timely when it is filed with
the Clerk of this Court within 90 days after entry of the
judgment. A petition for a writ of certiorari seeking review
of a judgment of a lower state court that is subject to discretionary
review by the state court of last resort is timely
when it is filed with the Clerk within 90 days after entry of
the order denying discretionary review.
2. The Clerk will not file any petition for a writ of certiorari
that is jurisdictionally out of time. See, e. g., 28
U. S. C. § 2101(c).
3. The time to file a petition for a writ of certiorari runs
from the date of entry of the judgment or order sought to be
reviewed, and not from the issuance date of the mandate (or
its equivalent under local practice). But if a petition for rehearing
is timely filed in the lower court by any party, or if
the lower court appropriately entertains an untimely petition
for rehearing or sua sponte considers rehearing, the
time to file 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
rehearing or, if rehearing is granted, the subsequent entry
of judgment.
4. A cross-petition for a writ of certiorari is timely when
it is filed with the Clerk as provided in paragraphs 1, 3, and
5 of this Rule, or in Rule 12.5. However, a conditional crosspetition
(which except for Rule 12.5 would be untimely) will
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not be granted unless another party’s timely petition for a
writ of certiorari is granted.
5. For good cause, a Justice may extend the time to file a
petition for a writ of certiorari for a period not exceeding 60
days. An application to extend the time to file shall set out
the basis for jurisdiction in this Court, identify the judgment
sought to be reviewed, include a copy of the opinion and any
order respecting rehearing, and set out specific reasons why
an extension of time is justified. The application must be
filed with the Clerk at least 10 days before the date the petition
is due, except in extraordinary circumstances. For the
time and manner of presenting the application, see Rules 21,
22, 30, and 33.2. An application to extend the time to file a
petition for a writ of certiorari is not favored.
Rule 14. Content of a Petition for a Writ of Certiorari
1. A petition for a writ of certiorari shall contain, in the
order indicated:
(a) The questions presented for review, expressed concisely
in relation to the circumstances of the case, without
unnecessary detail. The questions should be short and
should not be argumentative or repetitive. If the petitioner
or respondent is under a death sentence that may be affected
by the disposition of the petition, the notation “capital case”
shall precede the questions presented. The questions shall
be set out on the first page following the cover, and no other
information may appear on that page. The statement of any
question presented is deemed to comprise every subsidiary
question fairly included therein. Only the questions set out
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 caption
of the case contains the names of all the parties), and a corporate
disclosure statement as required by Rule 29.6.
(c) If the petition exceeds five pages, a table of contents
and a table of cited authorities.
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(d) Citations of the official and unofficial reports of the
opinions and orders entered in the case by courts or administrative
agencies.
(e) A concise statement of the basis for jurisdiction in this
Court, showing:
(i) the date the judgment or order sought to be reviewed
was entered (and, if applicable, a statement that
the petition is filed under this Court’s Rule 11);
(ii) the date of any order respecting rehearing, and
the date and terms of any order granting an extension
of time to file the petition for a writ of certiorari;
(iii) express reliance on Rule 12.5, when a crosspetition
for a writ of certiorari is filed under that Rule,
and the date of docketing of the petition for a writ of
certiorari in connection with which the cross-petition is
filed;
(iv) the statutory provision believed to confer on this
Court jurisdiction to review on a writ of certiorari the
judgment or order in question; and
(v) if applicable, a statement that the notifications required
by Rule 29.4(b) or (c) have been made.
(f) The constitutional provisions, treaties, statutes, ordinances,
and regulations involved in the case, set out verbatim
with appropriate citation. If the provisions involved are
lengthy, their citation alone suffices at this point, and their
pertinent text shall be set out in the appendix referred to in
subparagraph 1(i).
(g) A concise statement of the case setting out the facts
material to consideration of the questions presented, and also
containing the following:
(i) If review of a state-court judgment is sought, specification
of the stage in the proceedings, both in the
court of first instance and in the appellate courts, when
the federal questions sought to be reviewed were raised;
the method or manner of raising them and the way in
which they were passed on by those courts; and pertiCLER$$
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nent quotations of specific portions of the record or summary
thereof, with specific reference to the places in the
record where the matter appears (e. g., court opinion,
ruling on exception, portion of court’s charge and exception
thereto, assignment of error), so as to show that the
federal question was timely and properly raised and that
this Court has jurisdiction to review the judgment on a
writ of certiorari. When the portions of the record relied
on under this subparagraph are voluminous, they
shall be included in the appendix referred to in subparagraph
1(i).
(ii) If review of a judgment of a United States court
of appeals is sought, the basis for federal jurisdiction in
the court of first instance.
(h) A direct and concise argument amplifying the reasons
relied on for allowance of the writ. See Rule 10.
(i) An appendix containing, in the order indicated:
(i) the opinions, orders, findings of fact, and conclusions
of law, whether written or orally given and transcribed,
entered in conjunction with the judgment
sought to be reviewed;
(ii) any other relevant opinions, orders, findings of
fact, and conclusions of law entered in the case by courts
or administrative agencies, and, if reference thereto is
necessary to ascertain the grounds of the judgment, 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;
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(v) material required by subparagraphs 1(f) or
1(g)(i); and
(vi) any other material the petitioner believes essential
to understand the petition.
If the material required by this subparagraph is voluminous,
it may be presented in a separate volume or volumes with
appropriate covers.
2. All contentions in support of a petition for a writ of
certiorari shall be set out in the body of the petition, as provided
in subparagraph 1(h) of this Rule. No separate brief
in support of a petition for a writ of certiorari may be filed,
and the Clerk will not file any petition for a writ of certiorari
to which any supporting brief is annexed or appended.
3. A petition for a writ of certiorari should be stated
briefly and in plain terms and may not exceed the page limitations
specified in Rule 33.
4. The failure of a petitioner to present with accuracy,
brevity, and clarity whatever is essential to ready and adequate
understanding of the points requiring consideration is
sufficient reason for the Court to deny a petition.
5. If the Clerk determines that a petition 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. A corrected petition
received no more than 60 days after the date of the Clerk’s
letter will be deemed timely.
2007-01-01 09:50:17
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answer #7
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answered by r1b1c* 7
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