PART VIII. DISPOSITION OF CASES


PART VIII. DISPOSITION OF CASES


 
 Rule 41. Opinions of the Court 

    Opinions of the Court will be released by the Clerk imme- 
 diately upon their announcement from the bench, or as the 
 Court otherwise directs. Thereafter, the Clerk will cause 
 the opinions to be issued in slip form, and the Reporter of 
 Decisions will prepare them for publication in the prelimi- 
 nary 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, any 
 interest allowed by law is payable from the date the judg- 
 ment under review 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 in cases aris- 
 ing in a state court is allowed at the same rate that similar 
 judgments bear interest in the courts of the State in which 
 judgment is directed to be entered. Interest in cases aris- 
 ing in a court of the United States is allowed at the interest 
 rate authorized by law. 

 2. When a petition for a writ of certiorari, an appeal, or 
 an application for other relief is frivolous, the Court may 
 award the respondent or appellee just damages, and single 
 or double costs under Rule 43. Damages or costs may be 
 awarded against the petitioner, appellant, or applicant, 
 against the party's counsel, or against both party and 
 counsel. 
 
 Rule 43. Costs 

 1. If the Court affirms a judgment, the petitioner or appel- 
 lant shall pay costs unless the Court otherwise orders. 

 2. If the Court reverses or vacates a judgment, the re- 
 spondent or appellee shall pay costs unless the Court other- 
 wise orders. 

 3. The Clerk's fees and the cost of printing the joint ap- 
 pendix 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 are equally 
 divided unless the Court otherwise orders, except that if the 
 Court decides the whole matter in controversy, as permitted 
 by Rule 19.2, costs are allowed as provided in paragraphs 1 
 and 2 of this Rule. 

 5. To the extent permitted by 28 U. S. C. § 2412, costs 
 under this Rule are allowed for or against the United States 
 or an officer or agent thereof, unless expressly waived or 
 unless the Court otherwise orders. 

 6. When costs are allowed in this Court, the Clerk will 
 insert an itemization of the costs in the body of the mandate 
 or judgment sent to the court below. The prevailing side 
 may not submit a bill of costs. 

 7. In extraordinary circumstances the Court may adjudge 
 double costs. 
 
 Rule 44. Rehearing 

 1. Any petition for the rehearing of any judgment or deci- 
 sion of the Court on the merits shall be filed within 25 days 
 after entry of the judgment or decision, unless the Court or 
 a Justice shortens or extends the time. The petitioner shall 
 file 40 copies of the rehearing petition and shall pay the filing 
 fee prescribed by Rule 38(b), except that a petitioner pro- 
 ceeding in forma pauperis under Rule 39, including an in- 
 mate of an institution, shall file the number of copies re- 
 quired for a petition by such a person under Rule 12.2. The 
 petition shall state its grounds briefly and distinctly and 
 shall be served as required by Rule 29. The petition shall 
 be presented together with certification of counsel (or of a 
 party unrepresented by counsel) that it is presented in good 
 faith and not for delay; one copy of the certificate shall bear 
 the signature of counsel (or of a party unrepresented by 
 counsel). A copy of the certificate shall follow and be 
 attached to each copy of the petition. A petition for rehear- 
 ing is not subject to oral argument and will not be granted 
 except by a majority of the Court, at the instance of a Justice 
 who concurred in the judgment or decision. 

 2. Any petition for the rehearing of an order denying a 
 petition for a writ of certiorari or extraordinary writ 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 if required, but its grounds shall be limited to intervening 
 circumstances of a substantial or controlling effect or to 
 other substantial grounds not previously presented. The 
 petition shall be presented together with certification of 
 counsel (or of a party unrepresented by counsel) that it 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 signature of counsel (or of a 
 party unrepresented by counsel). The certificate shall be 
 bound with each copy of the petition. The Clerk will not file 
 a petition without a certificate. The petition is not subject 
 to oral argument. 

 3. The Clerk will not file any response to a petition for 
 rehearing unless the Court requests a response. In the ab- 
 sence of extraordinary circumstances, the Court will not 
 grant a petition for rehearing without first requesting a 
 response. 

 4. The Clerk will not file consecutive petitions and peti- 
 tions that are out of time under this Rule. 

 5. The Clerk will not file any brief for an amicus curiae 
 in support of, or in opposition to, a petition for rehearing. 

 6. If the Clerk determines that a petition for rehearing
 submitted timely and in good faith is in a form that does not
 comply with the Rule or Rule 33 or Rule 34, the Clerk will
 return it with a letter indicating the deficiency. A corrected
 petition for rehearing received no more than 15 days after
 the date of the Clerk's letter will be deemed timely.
 
 Rule 45. Process; Mandates 

 1. All process of this Court issues in the name of the Presi- 
 dent of the United States. 

 2. In a case on review from a state court, the mandate 
 issues 25 days after entry of the judgment, unless the Court 
 or a Justice shortens or extends the time, or unless the par- 
 ties stipulate that it issue sooner. The filing of a petition for 
 rehearing stays the mandate until disposition of the petition, 
 unless the Court orders otherwise. If the petition is denied, 
 the mandate issues forthwith. 

 3. In a case on review from any court of the United States, 
 as defined by 28 U. S. C. § 451, a formal mandate does not 
 issue unless specially directed; instead, the Clerk of this 
 Court will send the clerk of the lower court a copy of the 
 opinion or order of this Court and a certified copy of the 
 judgment. The certified copy of the judgment, prepared 
 and signed by this Court's Clerk, will provide for costs if 
 any are awarded. In all other respects, the provisions of 
 paragraph 2 of this Rule apply. 
 
 Rule 46. Dismissing Cases 

 1. At any stage of the proceedings, whenever all parties 
 file with the Clerk an agreement in writing that a case be 
 dismissed, specifying the terms for payment of costs, and pay 
 to the Clerk any fees then due, the Clerk, without further 
 reference to the Court, will enter an order of dismissal. 

 2. (a) A petitioner or appellant may file a motion to dis- 
 miss the case, with proof of service as required by Rule 29, 
 tendering to the Clerk any fees due and costs payable. No 
 more than 15 days after service thereof, an adverse party 
 may file an objection, limited to the amount of damages and 
 costs in this Court alleged to be payable or to showing that 
 the moving party does not represent all petitioners or appel- 
 lants. The Clerk will not file any objection not so limited. 
    (b) When the objection asserts that the moving party does 
 not represent all the petitioners or appellants, the party 
 moving for dismissal may file a reply within 10 days, after 
 which time the matter will be submitted to the Court for 
 its determination. 
    (c) If no objection is filed--or if upon objection going only 
 to the amount of damages and costs in this Court, the party 
 moving for dismissal tenders the additional damages and 
 costs in full within 10 days of the demand therefor--the 
 Clerk, without further reference to the Court, will enter an 
 order of dismissal. If, after objection as to the amount of 
 damages and costs in this Court, the moving party does not 
 respond by a tender within 10 days, the Clerk will report 
 the matter to the Court for its determination. 

 3. No mandate or other process will issue on a dismissal 
 under this Rule without an order of the Court. 
 

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