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
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-
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
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
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
(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.