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- /* The final part of U.S. Supreme Court rules follows. */
- 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.
-
- (c) 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 (c) 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 Ha-
- beas 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.
-
- (c) 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.
-
- (c) 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.
-