{"id":54884,"date":"2014-06-19T12:31:47","date_gmt":"2014-06-19T17:31:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/supreme_court\/rules\/part4.html"},"modified":"2014-06-19T12:31:47","modified_gmt":"2014-06-19T17:31:47","slug":"part4","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/supreme_court\/rules\/part4.html","title":{"rendered":"PART IV. OTHER JURISDICTION"},"content":{"rendered":"\n
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\t\nPART IV. OTHER JURISDICTION<\/h1>\n
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\n\n\n \n PART IV. OTHER JURISDICTION<\/b>\n \n \n 

\n\n\n <\/a>\n Rule 17. Procedure in an Original Action<\/b> \n\n 1. This Rule applies only to an action invoking the Court's \n original jurisdiction under Article III of the Constitution of \n the United States. See also 28 U. S. C. \u00a7 1251 and U. S. \n Const., Amdt. 11. A petition for an extraordinary writ in \n aid of the Court's appellate jurisdiction shall be filed as pro- \n vided in Rule 20<\/a>. \n\n 2. The form of pleadings and motions prescribed by the \n Federal Rules of Civil Procedure is followed. In other re- \n spects, those Rules and the Federal Rules of Evidence may \n be taken as guides. \n\n 3. The initial pleading shall be preceded by a motion for \n leave to file, and may be accompanied by a brief in support \n of the motion. Forty copies of each document shall be filed, \n with proof of service. Service shall be as required by Rule \n 29<\/a>, except that when an adverse party is a State, service \n shall be made on both the Governor and the Attorney Gen- \n eral of that State. \n\n 4. The case will be placed on the docket when the motion \n for leave to file and the initial pleading are filed with the \n Clerk. The Rule 38(a)<\/a> docket fee shall be paid at that time. \n\n 5. No more than 60 days after receiving the motion for \n leave to file and the initial pleading, an adverse party shall \n file 40 copies of any brief in opposition to the motion, with \n proof of service as required by Rule 29<\/a>. The Clerk will dis- \n tribute the filed documents to the Court for its consideration \n upon receiving an express waiver of the right to file a brief \n in opposition, or, if no waiver or brief is filed, upon the expi- \n ration of the time allowed for filing. If a brief in opposition \n is timely filed, the Clerk will distribute the filed documents \n to the Court for its consideration no less than 10 days after \n the brief in opposition is filed. A reply brief may be filed, \n but consideration of the case will not be deferred pending its \n receipt. The Court thereafter may grant or deny the mo- \n tion, set it for oral argument, direct that additional docu- \n ments be filed, or require that other proceedings be \n conducted. \n\n 6. A summons issued out of this Court shall be served on \n the defendant 60 days before the return day specified \n therein. If the defendant does not respond by the return \n day, the plaintiff may proceed ex parte. \n\n 7. Process against a State issued out of this Court shall be \n served on both the Governor and the Attorney General of \n that State. \n <\/a>\n Rule 18. Appeal from a United States District Court<\/b>\n\n 1. When a direct appeal from a decision of a United States \n district court is authorized by law, the appeal is commenced \n by filing a notice of appeal with the clerk of the district court \n within the time provided by law after entry of the judgment \n sought to be reviewed. The time to file may not be ex- \n tended. The notice of appeal shall specify the parties taking \n the appeal, designate the judgment, or part thereof, ap- \n pealed from and the date of its entry, and specify the statute \n or statutes under which the appeal is taken. A copy of the \n notice of appeal shall be served on all parties to the proceed- \n ing as required by Rule 29<\/a>, and proof of service shall be filed \n in the district court together with the notice of appeal. \n\n 2. All parties to the proceeding in the district court are \n deemed parties entitled to file documents in this Court, but \n a party having no interest in the outcome of the appeal may \n so notify the Clerk of this Court and shall serve a copy of \n the notice on all other parties. Parties interested jointly, \n severally, or otherwise in the judgment may appeal sepa-\n rately, or any two or more may join in an appeal. When \n two or more judgments involving identical or closely related \n questions are sought to be reviewed on appeal from the same \n court, a notice of appeal for each judgment shall be filed with \n the clerk of the district court, but a single jurisdictional \n statement covering all the judgments suffices. Parties who \n file no document will not qualify for any relief from this \n Court. \n\n 3. No more than 60 days after filing the notice of appeal \n in the district court, the appellant shall file 40 copies of a \n jurisdictional statement and shall pay the Rule 38<\/a> docket fee, \n except that an appellant proceeding in forma pauperis \n under Rule 39<\/a>, including an inmate of an institution, shall file \n the number of copies required for a petition by such a person \n under Rule 12.2<\/a>, together with a motion for leave to proceed \n in forma pauperis, a copy of which shall precede and be \n attached to each copy of the jurisdictional statement. The \n jurisdictional statement shall follow, insofar as applicable, \n the form for a petition for a writ of certiorari prescribed by \n Rule 14<\/a>, and shall be served as required by Rule 29<\/a>. The \n case will then be placed on the docket. It is the appellant's \n duty to notify all appellees promptly, on a form supplied by \n the Clerk, of the date of filing, the date the case was placed \n on the docket, and the docket number of the case. The no- \n tice shall be served as required by Rule 29<\/a>. The appendix \n shall include a copy of the notice of appeal showing the date \n it was filed in the district court. For good cause, a Justice \n may extend the time to file a jurisdictional statement for a \n period not exceeding 60 days. An application to extend the \n time to file a jurisdictional statement shall set out the basis \n for jurisdiction in this Court; identify the judgment sought \n to be reviewed; include a copy of the opinion, any order re- \n specting rehearing, and the notice of appeal; and set out spe- \n cific reasons why an extension of time is justified. For the \n time and manner of presenting the application, see Rules 21<\/a>, \n 22<\/a>, and 30<\/a>. An application to extend the time to file a juris- \n dictional statement is not favored. \n\n 4. No more than 30 days after a case has been placed on \n the docket, an appellee seeking to file a conditional cross- \n appeal (i. e., a cross-appeal that otherwise would be un- \n timely) shall file, with proof of service as required by Rule \n 29<\/a>, a jurisdictional statement that complies in all respects \n (including number of copies filed) with paragraph 3 of this \n Rule, except that material already reproduced in the appen- \n dix to the opening jurisdictional statement need not be re- \n produced again. A cross-appealing appellee shall pay the \n Rule 38<\/a> docket fee or submit a motion for leave to proceed \n in forma pauperis. The cover of the cross-appeal shall indi- \n cate clearly that it is a conditional cross-appeal. The cross- \n appeal then will be placed on the docket. It is the cross- \n appellant's duty to notify all cross-appellees promptly, on a \n form supplied by the Clerk, of the date of filing, the date the \n cross-appeal was placed on the docket, and the docket num- \n ber of the cross-appeal. The notice shall be served as re- \n quired by Rule 29<\/a>. A cross-appeal may not be joined with \n any other pleading, except that any motion for leave to pro- \n ceed in forma pauperis shall be attached. The time to file \n a cross-appeal will not be extended. \n\n 5. After a notice of appeal has been filed in the district \n court, but before the case is placed on this Court's docket, \n the parties may dismiss the appeal by stipulation filed in the \n district court, or the district court may dismiss the appeal \n on the appellant's motion, with notice to all parties. If a \n notice of appeal has been filed, but the case has not been \n placed on this Court's docket within the time prescribed for \n docketing, the district court may dismiss the appeal on the \n appellee's motion, with notice to all parties, and may make \n any just order with respect to costs. If the district court \n has denied the appellee's motion to dismiss the appeal, the \n appellee may move this Court to docket and dismiss the ap- \n peal by filing an original and 10 copies of a motion presented \n in conformity with Rules 21<\/a> and 33.2<\/a>. The motion shall be \n accompanied by proof of service as required by Rule 29<\/a>, and \n by a certificate from the clerk of the district court, certifying \n that a notice of appeal was filed and that the appellee's mo-\n tion to dismiss was denied. The appellant may not thereaf- \n ter file a jurisdictional statement without special leave of the \n Court, and the Court may allow costs against the appellant. \n\n 6. Within 30 days after the case is placed on this Court's \n docket, the appellee may file a motion to dismiss, to affirm, \n or in the alternative to affirm or dismiss. Forty copies of \n the motion shall be filed, except that an appellee proceeding \n in forma pauperis under Rule 39<\/a>, including an inmate of an \n institution, shall file the number of copies required for a peti- \n tion by such a person under Rule 12.2<\/a>, together with a mo- \n tion for leave to proceed in forma pauperis, a copy of which \n shall precede and be attached to each copy of the motion to \n dismiss, to affirm, or in the alternative to affirm or dismiss. \n The motion shall follow, insofar as applicable, the form for a \n brief in opposition prescribed by Rule 15<\/a>, and shall comply \n in all respects with Rule 21<\/a>. \n\n 7. The Clerk will distribute the jurisdictional statement to \n the Court for its consideration upon receiving an express \n waiver of the right to file a motion to dismiss or to affirm or, \n if no waiver or motion is filed, upon the expiration of the \n time allowed for filing. If a motion to dismiss or to affirm \n is timely filed, the Clerk will distribute the jurisdictional \n statement, motion, and any brief opposing the motion to the \n Court for its consideration no less than 10 days after the \n motion is filed. \n\n 8. Any appellant may file a brief opposing a motion to dis- \n miss or to affirm, but distribution and consideration by the \n Court under paragraph 7 of this Rule will not be deferred \n pending its receipt. Forty copies shall be filed, except that \n an appellant proceeding in forma pauperis under Rule 39<\/a>, \n including an inmate of an institution, shall file the number of \n copies required for a petition by such a person under Rule \n 12.2<\/a>. The brief shall be served as required by Rule 29<\/a>. \n\n 9. If a cross-appeal has been docketed, distribution of both \n jurisdictional statements will be deferred until the cross-ap- \n peal is due for distribution under this Rule. \n\n 10. Any party may file a supplemental brief at any time \n while a jurisdictional statement is pending, calling attention\n to new cases, new legislation, or other intervening matter \n not available at the time of the party's last filing. A supple- \n mental brief shall be restricted to new matter and shall fol- \n low, insofar as applicable, the form for a brief in opposition \n prescribed by Rule 15<\/a>. Forty copies shall be filed, except \n that a party proceeding in forma pauperis under Rule 39<\/a>, \n including an inmate of an institution, shall file the number of \n copies required for a petition by such a person under Rule \n 12.2<\/a>. The supplemental brief shall be served as required by \n Rule 29<\/a>. \n\n 11. The clerk of the district court shall retain possession \n of the record until notified by the Clerk of this Court to cer- \n tify and transmit it. See Rule 12.7<\/a>. \n\n 12. After considering the documents distributed under \n this Rule, the Court may dispose summarily of the appeal on \n the merits, note probable jurisdiction, or postpone consider- \n ation of jurisdiction until a hearing of the case on the merits. \n If not disposed of summarily, the case stands for briefing and \n oral argument on the merits. If consideration of jurisdiction \n is postponed, counsel, at the outset of their briefs and at oral \n argument, shall address the question of jurisdiction. If the \n record has not previously been filed in this Court, the Clerk \n of this Court will request the clerk of the court in possession \n of the record to certify and transmit it. \n\n 13. If the Clerk determines that a jurisdictional statement \n submitted timely and in good faith is in a form that does not \n comply with this Rule or with Rule 33<\/a> or Rule 34<\/a>, the Clerk \n will return it with a letter indicating the deficiency. If a \n corrected jurisdictional statement is received no more than \n 60 days after the date of the Clerk's letter, its filing will be \n deemed timely. \n <\/a>\n Rule 19. Procedure on a Certified Question<\/b>\n\n 1. A United States court of appeals may certify to this \n Court a question or proposition of law on which it seeks in- \n struction for the proper decision of a case. The certificate \n shall contain a statement of the nature of the case and the \n facts on which the question or proposition of law arises.\n Only questions or propositions of law may be certified, and \n they shall be stated separately and with precision. The cer- \n tificate shall be prepared as required by Rule 33.2<\/a> and shall \n be signed by the clerk of the court of appeals. \n\n 2. When a question is certified by a United States court \n of appeals, this Court, on its own motion or that of a party, \n may consider and decide the entire matter in controversy. \n See 28 U. S. C. \u00a7 1254(2). \n\n 3. When a question is certified, the Clerk will notify the \n parties and docket the case. Counsel shall then enter their \n appearances. After docketing, the Clerk will submit the \n certificate to the Court for a preliminary examination to de- \n termine whether the case should be briefed, set for argu- \n ment, or dismissed. No brief may be filed until the prelimi- \n nary examination of the certificate is completed. \n\n 4. If the Court orders the case briefed or set for argument, \n the parties will be notified and permitted to file briefs. The \n Clerk of this Court then will request the clerk of the court \n in possession of the record to certify and transmit it. Any \n portion of the record to which the parties wish to direct the \n Court's particular attention should be printed in a joint ap- \n pendix, prepared in conformity with Rule 26<\/a> by the appellant \n or petitioner in the court of appeals, but the fact that any \n part of the record has not been printed does not prevent the \n parties or the Court from relying on it. \n\n 5. A brief on the merits in a case involving a certified \n question shall comply with Rules 24<\/a>, 25<\/a>, and 33.1<\/a>, except that \n the brief for the party who is the appellant or petitioner \n below shall be filed within 45 days of the order requiring \n briefs or setting the case for argument. \n <\/a>\n Rule 20. Procedure on a Petition for an Extraordinary \n          Writ<\/b> \n\n 1. Issuance by the Court of an extraordinary writ author- \n ized by 28 U. S. C. \u00a7 1651(a) is not a matter of right, but of \n discretion sparingly exercised. To justify the granting of \n any such writ, the petition must show that the writ will be \n in aid of the Court's appellate jurisdiction, that exceptional\n circumstances warrant the exercise of the Court's discretion- \n ary powers, and that adequate relief cannot be obtained in \n any other form or from any other court. \n\n 2. A petition seeking a writ authorized by 28 U. S. C. \n \u00a7 1651(a), \u00a7 2241, or \u00a7 2254(a) shall be prepared in all respects \n as required by Rules 33<\/a> and 34<\/a>. The petition shall be cap- \n tioned \"In re [name of petitioner]\" and shall follow, insofar \n as applicable, the form of a petition for a writ of certiorari \n prescribed by Rule 14<\/a>. All contentions in support of the \n petition shall be included in the petition. The case will be \n placed on the docket when 40 copies of the petition are filed \n with the Clerk and the docket fee is paid, except that a peti- \n tioner proceeding in forma pauperis under Rule 39<\/a>, includ- \n ing an inmate of an institution, shall file the number of copies \n required for a petition by such a person under Rule 12.2<\/a>, \n together with a motion for leave to proceed in forma pau- \n peris, a copy of which shall precede and be attached to each \n copy of the petition. The petition shall be served as re- \n quired by Rule 29<\/a> (subject to subparagraph 4(b) of this Rule). \n\n 3. (a) A petition seeking a writ of prohibition, a writ of \n mandamus, or both in the alternative shall state the name \n and office or function of every person against whom relief is \n sought and shall set out with particularity why the relief \n sought is not available in any other court. A copy of the \n judgment with respect to which the writ is sought, including \n any related opinion, shall be appended to the petition to- \n gether with any other document essential to understanding \n the petition. \n    (b) The petition shall be served on every party to the pro- \n ceeding with respect to which relief is sought. Within 30 \n days after the petition is placed on the docket, a party shall \n file 40 copies of any brief or briefs in opposition thereto, \n which shall comply fully with Rule 15<\/a>. If a party named as \n a respondent does not wish to respond to the petition, that \n party may so advise the Clerk and all other parties by letter. \n All persons served are deemed respondents for all purposes \n in the proceedings in this Court. \n\n 4. (a) A petition seeking a writ of habeas corpus shall \n comply with the requirements of 28 U. S. C. \u00a7\u00a7 2241 and 2242, \n and in particular with the provision in the last paragraph of \n \u00a7 2242, which requires a statement of the \"reasons for not \n making application to the district court of the district in \n which the applicant is held.\" If the relief sought is from the \n judgment of a state court, the petition shall set out specifi- \n cally how and where the petitioner has exhausted available \n remedies in the state courts or otherwise comes within the \n provisions of 28 U. S. C. \u00a7 2254(b). To justify the granting \n of a writ of habeas corpus, the petitioner must show that \n exceptional circumstances warrant the exercise of the \n Court's discretionary powers, and that adequate relief cannot \n be obtained in any other form or from any other court. This \n writ is rarely granted. \n    (b) Habeas corpus proceedings, except in capital cases, are \n ex parte, unless the Court requires the respondent to show \n cause why the petition for a writ of habeas corpus should not \n be granted. A response, if ordered, or in a capital case, shall \n comply fully with Rule 15<\/a>. Neither the denial of the peti- \n tion, without more, nor an order of transfer to a district court \n under the authority of 28 U. S. C. \u00a7 2241(b), is an adjudication \n on the merits, and therefore does not preclude further appli- \n cation to another court for the relief sought. \n\n 5. The Clerk will distribute the documents to the Court \n for its consideration when a brief in opposition under subpar- \n agraph 3(b) of this Rule has been filed, when a response \n under subparagraph 4(b) has been ordered and filed, when \n the time to file has expired, or when the right to file has been \n expressly waived. \n\n 6. If the Court orders the case set for argument, the Clerk \n will notify the parties whether additional briefs are required, \n when they shall be filed, and, if the case involves a petition \n for a common-law writ of certiorari, that the parties shall \n prepare a joint appendix in accordance with Rule 26<\/a>. \n <\/pre>\n\n                 \n\n\n\n\n
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