Complete Home & Office Legal Guide/Complete Home and Office Legal Guide (Chestnut) (1993).ISO/stat/fedr/suprule2.asc

Text File | 1993-07-21 | 35.5 KB | 707 lines

/* We continue with the Rules of the U.S. Supreme Court. */
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.

         (c) 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.

    (c) 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.

    (c) 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.

    (c) 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. */

/* The rules of the court are continued in part 3. */