PART IV. OTHER JURISDICTION


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. 

 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. 

 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 re- 
 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 ap- 
 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. 

 9. If a cross-appeal has been docketed, distribution of both 
 jurisdictional statements will be deferred until the cross-ap- 
 peal 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 received no more than 
 60 days after the date of the Clerk's letter, its filing will be 
 deemed timely. 
 
 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 on which it seeks in- 
 struction for the proper decision of a case. The certificate 
 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 shall be stated separately and with precision. The cer- 
 tificate shall be prepared as required by Rule 33.2 and shall 
 be signed by the clerk of the court of appeals. 

 2. When a question is certified by a United States court 
 of appeals, this Court, on its own motion or that of a party, 
 may consider and decide the entire matter in controversy. 
 See 28 U. S. C. § 1254(2). 

 3. When a question is certified, the Clerk will notify the 
 parties and docket the case. Counsel shall then enter their 
 appearances. After docketing, the Clerk will submit the 
 certificate to the Court for a preliminary examination to de- 
 termine whether the case should be briefed, set for argu- 
 ment, or dismissed. No brief may be filed until the prelimi- 
 nary examination of the certificate is completed. 

 4. If the Court orders the case briefed or set for argument, 
 the parties will be notified and permitted to file briefs. The 
 Clerk of this Court then will request the clerk of the court 
 in possession of the record to certify and transmit it. Any 
 portion of the record to which the parties wish to direct the 
 Court's particular attention should be printed in a joint ap- 
 pendix, prepared in conformity with Rule 26 by the appellant 
 or petitioner in the court of appeals, but the fact that any 
 part of the record has not been printed does not prevent the 
 parties or the Court from relying on it. 

 5. A brief on the merits in a case involving a certified 
 question shall comply with Rules 24, 25, and 33.1, except that 
 the brief for the party who is the appellant or petitioner 
 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. Issuance by the Court of an extraordinary writ author- 
 ized by 28 U. S. C. § 1651(a) is not a matter of right, but of 
 discretion sparingly exercised. To justify the granting of 
 any such writ, the petition must show that the writ will be 
 in aid of the Court's appellate jurisdiction, that exceptional
 circumstances warrant the exercise of the Court's discretion- 
 ary powers, and that adequate relief cannot be obtained in 
 any other form or from any other court. 

 2. A petition seeking a writ authorized by 28 U. S. C. 
 § 1651(a), § 2241, or § 2254(a) shall be prepared in all respects 
 as required by Rules 33 and 34. The petition shall be cap- 
 tioned "In re [name of petitioner]" and shall follow, insofar 
 as applicable, the form of a petition for a writ of certiorari 
 prescribed by 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 copies of the petition are filed 
 with the Clerk and the docket fee is paid, except that a peti- 
 tioner proceeding in forma pauperis under Rule 39, includ- 
 ing 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 pau- 
 peris, a copy of which shall precede and be attached to each 
 copy of the petition. The petition shall be served as re- 
 quired by Rule 29 (subject to subparagraph 4(b) of this Rule). 

 3. (a) A petition seeking a writ of prohibition, a writ of 
 mandamus, or both in the alternative shall state the name 
 and office or function of every person against whom relief is 
 sought and shall set out with particularity why the relief 
 sought is not available in any other court. A copy of the 
 judgment with respect to which the writ is sought, including 
 any related opinion, shall be appended to the petition to- 
 gether with any other document essential to understanding 
 the petition. 
    (b) The petition shall be served on every party to the pro- 
 ceeding with respect to which relief is sought. Within 30 
 days after the petition is placed on the docket, a party shall 
 file 40 copies of any brief or briefs in opposition thereto, 
 which shall comply fully with Rule 15. If a party named as 
 a respondent does not wish to respond to the petition, that 
 party may so advise the Clerk and all other parties by letter. 
 All persons served are deemed respondents for all purposes 
 in the proceedings in this Court. 

 4. (a) A petition seeking a writ of habeas corpus shall 
 comply with the requirements of 28 U. S. C. §§ 2241 and 2242, 
 and in particular with the provision in the last paragraph of 
 § 2242, which requires 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 out specifi- 
 cally how and where the petitioner has exhausted available 
 remedies in the state courts or otherwise comes within the 
 provisions of 28 U. S. C. § 2254(b). To justify the granting 
 of a writ of habeas corpus, the petitioner must show that 
 exceptional circumstances warrant the exercise of the 
 Court's discretionary powers, and that adequate relief cannot 
 be obtained in any other form or from any other court. This 
 writ is rarely granted. 
    (b) Habeas corpus proceedings, except in capital cases, are 
 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, or in a capital case, shall 
 comply fully with Rule 15. Neither the denial of the peti- 
 tion, without more, nor an order of transfer to a district court 
 under the authority of 28 U. S. C. § 2241(b), is an adjudication 
 on the merits, and therefore does not preclude further appli- 
 cation to another court for the relief sought. 

 5. The Clerk will distribute the documents to the Court 
 for its consideration when a brief in opposition under subpar- 
 agraph 3(b) of this Rule has been filed, when a response 
 under subparagraph 4(b) has been ordered and filed, when 
 the time to file has expired, or when the right to file has been 
 expressly waived. 

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

FindLaw Career Center


      Post a Job  |  View More Jobs

    View More