{"id":54887,"date":"2014-06-24T16:27:24","date_gmt":"2014-06-24T21:27:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/supreme_court\/rules\/part7.html"},"modified":"2014-06-24T16:27:24","modified_gmt":"2014-06-24T21:27:24","slug":"part7","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/supreme_court\/rules\/part7.html","title":{"rendered":"PART VII. PRACTICE AND PROCEDURE"},"content":{"rendered":"\n
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\t\nPART VII. PRACTICE AND PROCEDURE<\/h1>\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n
\n\n\n \n PART VII. PRACTICE AND PROCEDURE<\/b>\n \n \n 

\n <\/a>\n Rule 29. Filing and Service of Documents; Special \n          Notifications; Corporate Listing<\/b> \n\n 1. Any document required or permitted to be presented to \n the Court or to a Justice shall be filed with the Clerk. \n\n 2. A document is timely filed if it is received by the Clerk\n within the time specified for filing; or if it is sent to the Clerk\n through the United States Postal Service by first-class mail\n (including express or priority mail), postage prepaid, and\n bears a postmark, other than a commercial postage meter\n label, showing that the document was mailed on or before\n the last day for filing; or if it is delivered on or before the\n last day for filing to a third-party commercial carrier for\n delivery to the Clerk within 3 calendar days. If submitted\n by an inmate confined in an institution, a document is timely\n filed if it is deposited in the institution's internal mail system\n on or before the last day for filing and is accompanied by a\n notarized statement or declaration in compliance with 28\n U. S. C. section 1746 setting out the date of deposit and stating that\n first-class postage has been prepaid. If the postmark is\n missing or not legible, or if the third-party commercial carrier\n does not provide the date the document was received by\n the carrier, the Clerk will require the person who sent the \n document to submit a notarized statement or declaration in\n compliance with 28 U. S. C. section 1746 setting out the details of\n the filing and stating that the filing took place on a particular\n date within the permitted time.\n\n 3. Any document required by these Rules to be served\n may be served personally, by mail, or by third-party commercial\n carrier for delivery within 3 calendar days on each\n party to the proceeding at or before the time of filing. If\n the document has been prepared as required by Rule 33.1<\/a>,\n three copies shall be served on each other party separately\n represented in the proceeding. If the document has been\n prepared as required by Rule 33.2<\/a>, service of a single copy\n on each other separately represented party suffices. If personal\n service is made, it shall consist of delivery at the office\n of the counsel of record, either to counsel or to an employee\n therein. If service is by mail or third-party commercial carrier,\n it shall consist of depositing the document with the\n United States Postal Service, with no less than first-class\n postage prepaid, or delivery to the carrier for delivery\n within 3 calendar days, addressed to counsel of record at the\n proper address. When a party is not represented by counsel,\n service shall be made on the party, personally, by mail,\n or by commercial carrier. Ordinarily, service on a party\n must be by a manner at least as expeditious as the manner\n used to file the document with the Court.\n\n 4. (a) If the United States or any federal department, of- \n fice, agency, officer, or employee is a party to be served, serv- \n ice shall be made on the Solicitor General of the United \n States, Room 5614, Department of Justice, 950 Pennsylvania \n Ave., N. W., Washington, DC 20530-0001. When an agency \n of the United States that is a party is authorized by law to \n appear before this Court on its own behalf, or when an officer \n or employee of the United States is a party, the agency, offi- \n cer, or employee shall be served in addition to the Solicitor \n General. \n    (b) In any proceeding in this Court in which the constitu- \n tionality of an Act of Congress is drawn into question, and \n neither the United States nor any federal department, office, \n agency, officer, or employee is a party, the initial document \n filed in this Court shall recite that 28 U. S. C. \u00a7 2403(a) may \n apply and shall be served on the Solicitor General of the \n United States, Room 5614, Department of Justice, 950 Penn- \n sylvania Ave., N. W., Washington, DC 20530-0001. In such \n a proceeding from any court of the United States, as defined \n by 28 U. S. C. \u00a7 451, the initial document also shall state \n whether that court, pursuant to 28 U. S. C. \u00a7 2403(a), \n certified to the Attorney General the fact that the constitu- \n tionality of an Act of Congress was drawn into question. \n See Rule 14.1(e)(v)<\/a>. \n (c) In any proceeding in this Court in which the constitu- \n tionality of any statute of a State is drawn into question, and \n neither the State nor any agency, officer, or employee thereof \n is a party, the initial document filed in this Court shall recite \n that 28 U. S. C. \u00a7 2403(b) may apply and shall be served on \n the Attorney General of that State. In such a proceeding \n from any court of the United States, as defined by 28 U. S. C. \n \u00a7 451, the initial document also shall state whether that \n court, pursuant to 28 U. S. C. \u00a7 2403(b), certified to the State \n Attorney General the fact that the constitutionality of a stat- \n ute of that State was drawn into question. See Rule \n 14.1(e)(v)<\/a>. \n\n 5. Proof of service, when required by these Rules, shall \n accompany the document when it is presented to the Clerk \n for filing and shall be separate from it. Proof of service \n shall contain, or be accompanied by, a statement that all par- \n ties required to be served have been served, together with \n a list of the names, addresses, and telephone numbers of \n counsel indicating the name of the party or parties each \n counsel represents. It is not necessary that service on each \n party required to be served be made in the same manner or \n evidenced by the same proof. Proof of service may consist \n of any one of the following: \n    (a) an acknowledgment of service, signed by counsel of \n record for the party served, and bearing the address and \n telephone number of such counsel; \n    (b) a certificate of service, reciting the facts and circum- \n stances of service in compliance with the appropriate para- \n graph or paragraphs of this Rule, and signed by a member \n of the Bar of this Court representing the party on whose \n behalf service is made or by an attorney appointed to repre- \n sent that party under the Criminal Justice Act of 1964, see 18 \n U. S. C. \u00a7 3006A(d)(6), or under any other applicable federal \n statute; or \n    (c) a notarized affidavit or declaration in compliance with \n 28 U. S. C. \u00a7 1746, reciting the facts and circumstances of \n service in accordance with the appropriate paragraph or \n paragraphs of this Rule, whenever service is made by any \n person not a member of the Bar of this Court and not an \n attorney appointed to represent a party under the Criminal \n Justice Act of 1964, see 18 U. S. C. \u00a7 3006A(d)(6), or under \n any other applicable federal statute. \n\n 6. Every document, except a joint appendix or amicus cu- \n riae brief, filed by or on behalf of a nongovernmental corpo- \n ration shall contain a corporate disclosure statement identi- \n fying the parent corporations and listing any publicly held \n company that owns 10% or more of the corporation's stock. \n If there is no parent or publicly held company owning 10% \n or more of the corporation's stock, a notation to this effect \n shall be included in the document. If a statement has been \n included in a document filed earlier in the case, reference \n may be made to the earlier document (except when the ear- \n lier statement appeared in a document prepared under Rule \n 33.2<\/a>), and only amendments to the statement to make it cur- \n rent need be included in the document being filed. \n <\/a>\n Rule 30. Computation and Extension of Time<\/b> \n\n 1. In the computation of any period of time prescribed or \n allowed by these Rules, by order of the Court, or by an appli- \n cable statute, the day of the act, event, or default from which \n the designated period begins to run is not included. The \n last day of the period shall be included, unless it is a Satur- \n day, Sunday, federal legal holiday listed in 5 U. S. C. \u00a7 6103, \n or day on which the Court building is closed by order of the \n Court or the Chief Justice, in which event the period shall \n extend until the end of the next day that is not a Saturday, \n Sunday, federal legal holiday, or day on which the Court \n building is closed. \n\n 2. Whenever a Justice or the Clerk is empowered by law\n or these Rules to extend the time to file any document, an\n application seeking an extension shall be filed within the period\n sought to be extended. An application to extend the\n time to file a petition for a writ of certiorari or to file a jurisdictional\n statement must be filed at least 10 days before the\n specified final filing date as computed under these Rules; if\n filed less than 10 days before the final filing date, such application\n will not be granted except in the most extraordinary\n circumstances.\n\n 3. An application to extend the time to file a petition for a \n writ of certiorari, to file a jurisdictional statement, to file a \n reply brief on the merits, or to file a petition for rehearing \n shall be made to an individual Justice and presented and \n served on all other parties as provided by Rule 22<\/a>. Once \n denied, such an application may not be renewed. \n\n 4. An application to extend the time to file any document \n or paper other than those specified in paragraph 3 of this \n Rule may be presented in the form of a letter to the Clerk \n setting out specific reasons why an extension of time is justi- \n fied. The letter shall be served on all other parties as re- \n quired by Rule 29<\/a>. The application may be acted on by the \n Clerk in the first instance, and any party aggrieved by the \n Clerk's action may request that the application be submitted \n to a Justice or to the Court. The Clerk will report action \n under this paragraph to the Court as instructed. \n <\/a>\n Rule 31. Translations<\/b> \n\n Whenever any record to be transmitted to this Court con- \n tains material written in a foreign language without a trans- \n lation made under the authority of the lower court, or ad- \n mitted to be correct, the clerk of the court transmitting the \n record shall advise the Clerk of this Court immediately so \n that this Court may order that a translation be supplied and, \n if necessary, printed as part of the joint appendix. \n <\/a>\n Rule 32. Models, Diagrams, and Exhibits<\/b> \n\n 1. Models, diagrams, and exhibits of material forming part \n of the evidence taken in a case and brought to this Court for \n its inspection shall be placed in the custody of the Clerk at \n least two weeks before the case is to be heard or submitted. \n\n 2. All models, diagrams, exhibits, and other items placed \n in the custody of the Clerk shall be removed by the parties \n no more than 40 days after the case is decided. If this is \n not done, the Clerk will notify counsel to remove the articles \n forthwith. If they are not removed within a reasonable \n time thereafter, the Clerk will destroy them or dispose of \n them in any other appropriate way. \n\n 3. Any party or amicus curiae<\/i> desiring to lodge non-record\n material with the Clerk must set out in a letter, served\n on all parties, a description of the material proposed for lodging\n and the reasons why the non-record material may properly\n be considered by the Court. The material proposed for\n lodging may not be submitted until and unless requested by\n the Clerk.\n <\/a>\n Rule 33. Document Preparation: Booklet Format; 8 1\/2- \n          by 11-Inch Paper Format<\/b> \n\n\n 1. Booklet Format: (a) Except for a document expressly \n permitted by these Rules to be submitted on 8 1\/2- by 11-inch \n paper, see, e. g., Rules 21<\/a>, 22<\/a>, and 39<\/a>, every document filed \n with the Court shall be prepared in a 6 1\/8- by 9 1\/4-inch booklet \n format using a standard typesetting process (e. g., hot metal, \n photocomposition, or computer typesetting) to produce text \n printed in typographic (as opposed to typewriter) characters. \n The process used must produce a clear, black image on white \n paper. The text must be reproduced with a clarity that \n equals or exceeds the output of a laser printer. \n    (b) The text of every booklet-format document, including \n any appendix thereto, shall be typeset in Roman 11-point or \n larger type with 2-point or more leading between lines. The \n typeface should be similar to that used in current volumes of \n the United States Reports. Increasing the amount of text \n by using condensed or thinner typefaces, or by reducing the \n space between letters, is strictly prohibited. Type size and \n face shall be consistent throughout. Quotations in excess of \n 50 words shall be indented. The typeface of footnotes shall \n be 9-point or larger with 2-point or more leading between \n lines. The text of the document must appear on both sides \n of the page. \n    (c) Every booklet-format document shall be produced on \n paper that is opaque, unglazed, and not less than 60 pounds \n in weight, and shall have margins of at least three-fourths of \n an inch on all sides. The text field, including footnotes, may \n not exceed 4 1\/8 by 7 1\/8 inches. The document shall be bound \n firmly in at least two places along the left margin (saddle \n stitch or perfect binding preferred) so as to permit easy \n opening, and no part of the text should be obscured by the \n binding. Spiral, plastic, metal, or string bindings may not \n be used. Copies of patent documents, except opinions, may \n be duplicated in such size as is necessary in a separate \n appendix. \n    (d) Every booklet-format document, shall comply with the \n page limits shown on the chart in subparagraph 1(g) of this \n Rule. The page limits do not include the questions pre- \n sented, the list of parties and the corporate disclosure state- \n ment, the table of contents, the table of cited authorities, \n or any appendix. Verbatim quotations required under Rule \n 14.1(f)<\/a>, if set out in the text of a brief rather than in the \n appendix, are also excluded. For good cause, the Court or \n a Justice may grant leave to file a document in excess of the \n page limits, but application for such leave is not favored. \n An application to exceed page limits shall comply with Rule \n 22<\/a> and must be received by the Clerk at least 15 days before \n the filing date of the document in question, except in the \n most extraordinary circumstances. \n    (e) Every booklet-format document, shall have a suitable \n cover consisting of 65-pound weight paper in the color indi- \n cated on the chart in subparagraph 1(g) of this Rule. If a \n separate appendix to any document is filed, the color of its \n cover shall be the same as that of the cover of the document \n it supports. The Clerk will furnish a color chart upon re- \n quest. Counsel shall ensure that there is adequate contrast \n between the printing and the color of the cover. A docu- \n ment filed by the United States, or by any other federal \n party represented by the Solicitor General, shall have a gray \n cover. A joint appendix, answer to a bill of complaint, mo- \n tion for leave to intervene, and any other document not listed \n in subparagraph 1(g) of this Rule shall have a tan cover. \n    (f) Forty copies of a booklet-format document shall be filed.\n    (g) Page limits and cover colors for booklet-format docu- \n ments are as follows: \n\n \n \n                                                            |  Page    |  Color of\n        Type of Document                                    |  Limits  |   Cover<\/b>\n                                                            |          |\n    (i) Petition for a Writ of Certiorari (Rule 14<\/a>); Mo-    |          | \n        tion for Leave to File a Bill of Complaint and      |          | \n        Brief in Support (Rule 17.3<\/a>); Jurisdictional        |          | \n        Statement (Rule 18.3<\/a>); Petition for an Extraor-     |          | \n        dinary Writ (Rule 20.2<\/a>)                             |    30    |   white \n                                                            |          |\n   (ii) Brief in Opposition (Rule 15.3<\/a>); Brief in Oppo-     |          | \n        sition to Motion for Leave to File an Original      |          | \n        Action (Rule 17.5<\/a>); Motion to Dismiss or Affirm     |          | \n        (Rule 18.6<\/a>); Brief in Opposition to Mandamus        |          | \n        or Prohibition (Rule 20.3(b)); Response to a Pe-    |          | \n        tition for Habeas Corpus (Rule 20.4<\/a>)                |    30    |   orange \n                                                            |          |\n  (iii) Reply to Brief in Opposition (Rules 15.6<\/a> and        |          | \n        17.5); Brief Opposing a Motion to Dismiss or        |          | \n        Affirm (Rule 18.8<\/a>)                                  |    10    |    tan \n                                                            |          |\n   (iv) Supplemental Brief (Rules 15.8<\/a>, 17<\/a>, 18.10<\/a>, and      |          | \n        25.5<\/a>)                                               |    10    |    tan \n                                                            |          |\n    (v) Brief on the Merits for Petitioner or Appellant     |          | \n        (Rule 24<\/a>); Exceptions by Plaintiff to Report of     |          | \n        Special Master (Rule 17<\/a>)                            |    50    |  light blue \n                                                            |          |\n   (vi) Brief on the Merits for Respondent or Appel-        |          | \n        lee (Rule 24.2<\/a>); Brief on the Merits for Re-        |          | \n        spondent or Appellee Supporting Petitioner or       |          | \n        Appellant (Rule 12.6<\/a>); Exceptions by Party          |          | \n        Other Than Plaintiff to Report of Special Mas-      |          | \n        ter (Rule 17<\/a>)                                       |    50    |  light red \n                                                            |          |\n  (vii) Reply Brief on the Merits (Rule 24.4<\/a>)               |    20    |   yellow \n                                                            |          |\n (viii) Reply to Plaintiff 's Exceptions to Report of       |          | \n        Special Master (Rule 17<\/a>)                            |    50    |   orange \n                                                            |          |\n   (ix) Reply to Exceptions by Party Other Than             |          | \n        Plaintiff to Report of Special Master (Rule 17<\/a>)     |    50    |   yellow \n                                                            |          |\n    (x) Brief for an Amicus Curiae at the Petition          |          | \n        Stage (Rule 37.2<\/a>)                                   |    20    |   cream \n                                                            |          |\n   (xi) Brief for an Amicus Curiae in Support of the        |          | \n        Plaintiff, Petitioner, or Appellant, or in Sup-     |          | \n        port of Neither Party, on the Merits or in an       |          | \n        Original Action at the Exceptions Stage             |          |   light \n        (Rule 37.3<\/a>)                                         |    30    |   green \n                                                            |          |\n  (xii) Brief for an Amicus Curiae in Support of the        |          | \n        Defendant, Respondent, or Appellee, on the          |          | \n        Merits or in an Original Action at the Excep-       |          |    dark \n        tions Stage (Rule 37.3<\/a>)                             |    30    |   green \n                                                            |          |\n (xiii) Petition for Rehearing (Rule 44<\/a>)                    |    10    |    tan \n\n <\/small>\n\n 2. 8 1\/2- by 11-Inch Paper Format: (a) The text of every \n document, including any appendix thereto, expressly permit- \n ted by these Rules to be presented to the Court on 8 1\/2- by \n 11-inch paper shall appear double spaced, except for indented \n quotations, which shall be single spaced, on opaque, un- \n glazed, white paper. The document shall be stapled or \n bound at the upper left-hand corner. Copies, if required, \n shall be produced on the same type of paper and shall be \n legible. The original of any such document (except a motion \n to dismiss or affirm under Rule 18.6<\/a>) shall be signed by the \n party proceeding pro se or by counsel of record who must be \n a member of the Bar of this Court or an attorney appointed \n under the Criminal Justice Act of 1964, see 18 U. S. C. \n \u00a7 3006A(d)(6), or under any other applicable federal statute. \n Subparagraph 1(g) of this Rule does not apply to documents \n prepared under this paragraph. \n    (b) Page limits for documents presented on 812- by 11-inch \n paper are: 40 pages for a petition for a writ of certiorari, \n jurisdictional statement, petition for an extraordinary writ, \n brief in opposition, or motion to dismiss or affirm; and 15 \n pages for a reply to a brief in opposition, brief opposing a \n motion to dismiss or affirm, supplemental brief, or petition \n for rehearing. The page exclusions specified in subpara- \n graph 1(d) of this Rule apply. \n <\/a>\n Rule 34. Document Preparation: General Requirements<\/b> \n\n    Every document, whether prepared under Rule 33.1<\/a> or \n Rule 33.2<\/a>, shall comply with the following provisions: \n\n 1. Each document shall bear on its cover, in the order indi- \n cated, from the top of the page: \n    (a) the docket number of the case or, if there is none, a \n space for one; \n    (b) the name of this Court; \n    (c) the caption of the case as appropriate in this Court; \n    (d) the nature of the proceeding and the name of the court \n from which the action is brought (e. g., \"On Petition for Writ \n of Certiorari to the United States Court of Appeals for the \n Fifth Circuit\"; or, for a merits brief, \"On Writ of Certiorari \n to the United States Court of Appeals for the Fifth Circuit\"); \n    (e) the title of the document (e. g., \"Petition for Writ of \n Certiorari,\" \"Brief for Respondent,\" \"Joint Appendix\"); \n    (f) the name of the attorney who is counsel of record for \n the party concerned (who must be a member of the Bar of \n this Court except as provided in Rule 33.2<\/a>), and on whom \n service is to be made, with a notation directly thereunder \n identifying the attorney as counsel of record and setting out \n counsel's office address and telephone number. Only one \n counsel of record may be noted on a single document. The \n names of other members of the Bar of this Court or of the \n bar of the highest court of a State acting as counsel, and, if \n desired, their addresses, may be added, but counsel of record \n shall be clearly identified. Names of persons other than at- \n torneys admitted to a state bar may not be listed, unless the \n party is appearing pro se, in which case the party's name, \n address, and telephone number shall appear. The foregoing \n shall be displayed in an appropriate typographic manner and, \n except for the identification of counsel, may not be set in \n type smaller than standard 11-point, if the document is pre- \n pared as required by Rule 33.1<\/a>. \n\n 2. Every document exceeding five pages (other than a joint \n appendix), whether prepared under Rule 33.1<\/a> or Rule 33.2<\/a>, \n shall contain a table of contents and a table of cited authori- \n ties (i. e., cases alphabetically arranged, constitutional provi- \n sions, statutes, treatises, and other materials) with refer- \n ences to the pages in the document where such authorities \n are cited. \n\n 3. The body of every document shall bear at its close the \n name of counsel of record and such other counsel, identified \n on the cover of the document in conformity with subpara- \n graph 1(f) of this Rule, as may be desired. \n <\/a>\n Rule 35. Death, Substitution, and Revivor; Public \n          Officers<\/b> \n\n 1. If a party dies after the filing of a petition for a writ of \n certiorari to this Court, or after the filing of a notice of ap- \n peal, the authorized representative of the deceased party \n may appear and, on motion, be substituted as a party. If \n the representative does not voluntarily become a party, any \n other party may suggest the death on the record and, on \n motion, seek an order requiring the representative to be- \n come a party within a designated time. If the representa- \n tive then fails to become a party, the party so moving, if a \n respondent or appellee, is entitled to have the petition for a \n writ of certiorari or the appeal dismissed, and if a petitioner \n or appellant, is entitled to proceed as in any other case of \n nonappearance by a respondent or appellee. If the substitu- \n tion of a representative of the deceased is not made within \n six months after the death of the party, the case shall abate. \n\n 2. Whenever a case cannot be revived in the court whose \n judgment is sought to be reviewed, because the deceased \n party's authorized representative is not subject to that \n court's jurisdiction, proceedings will be conducted as this \n Court may direct. \n\n 3. When a public officer who is a party to a proceeding in \n this Court in an official capacity dies, resigns, or otherwise \n ceases to hold office, the action does not abate and any suc- \n cessor in office is automatically substituted as a party. The \n parties shall notify the Clerk in writing of any such succes- \n sions. Proceedings following the substitution shall be in the \n name of the substituted party, but any misnomer not affect- \n ing substantial rights of the parties will be disregarded. \n\n 4. A public officer who is a party to a proceeding in this \n Court in an official capacity may be described as a party by \n the officer's official title rather than by name, but the Court \n may require the name to be added. \n <\/a>\n Rule 36. Custody of Prisoners in Habeas Corpus \n          Proceedings<\/b> \n\n\n 1. Pending review in this Court of a decision in a habeas \n corpus proceeding commenced before a court, Justice, or \n judge of the United States, the person having custody of the \n prisoner may not transfer custody to another person unless \n the transfer is authorized under this Rule. \n\n 2. Upon application by a custodian, the court, Justice, or \n judge who entered the decision under review may authorize \n transfer and the substitution of a successor custodian as a \n party. \n\n 3. (a) Pending review of a decision failing or refusing to \n release a prisoner, the prisoner may be detained in the cus- \n tody from which release is sought or in other appropriate \n custody or may be enlarged on personal recognizance or bail, \n as may appear appropriate to the court, Justice, or judge \n who entered the decision, or to the court of appeals, this \n Court, or a judge or Justice of either court. \n    (b) Pending review of a decision ordering release, the pris- \n oner shall be enlarged on personal recognizance or bail, un- \n less the court, Justice, or judge who entered the decision, or \n the court of appeals, this Court, or a judge or Justice of \n either court, orders otherwise. \n\n 4. An initial order respecting the custody or enlargement \n of the prisoner, and any recognizance or surety taken, shall \n continue in effect pending review in the court of appeals and \n in this Court unless for reasons shown to the court of ap- \n peals, this Court, or a judge or Justice of either court, the \n order is modified or an independent order respecting custody, \n enlargement, or surety is entered. \n <\/a>\n Rule 37. Brief for an Amicus Curiae<\/b> \n\n 1. An amicus curiae brief that brings to the attention of \n the Court relevant matter not already brought to its atten- \n tion by the parties may be of considerable help to the Court. \n An amicus curiae brief that does not serve this purpose bur- \n dens the Court, and its filing is not favored. \n\n 2. (a) An amicus curiae brief submitted before the \n Court's consideration of a petition for a writ of certiorari, \n motion for leave to file a bill of complaint, jurisdictional \n statement, or petition for an extraordinary writ, may be filed \n if accompanied by the written consent of all parties, or if the \n Court grants leave to file under subparagraph 2(b) of this \n Rule. The brief shall be submitted within the time allowed \n for filing a brief in opposition or for filing a motion to dismiss \n or affirm. The amicus curiae brief shall specify whether \n consent was granted, and its cover shall identify the party \n supported. \n    (b) When a party to the case has withheld consent, a mo- \n tion for leave to file an amicus curiae brief before the \n Court's consideration of a petition for a writ of certiorari, \n motion for leave to file a bill of complaint, jurisdictional \n statement, or petition for an extraordinary writ may be pre- \n sented to the Court. The motion, prepared as required by \n Rule 33.1<\/a> and as one document with the brief sought to be \n filed, shall be submitted within the time allowed for filing an \n amicus curiae brief, and shall indicate the party or parties \n who have withheld consent and state the nature of the mov- \n ant's interest. Such a motion is not favored. \n\n 3. (a) An amicus curiae brief in a case before the Court \n for oral argument may be filed if accompanied by the written \n consent of all parties, or if the Court grants leave to file \n under subparagraph 3(b) of this Rule. The brief shall be \n submitted within the time allowed for filing the brief for the \n party supported, or if in support of neither party, within the \n time allowed for filing the petitioner's or appellant's brief. \n The amicus curiae brief shall specify whether consent was \n granted, and its cover shall identify the party supported or \n indicate whether it suggests affirmance or reversal. The \n Clerk will not file a reply brief for an amicus curiae, or a \n brief for an amicus curiae in support of, or in opposition to, \n a petition for rehearing. \n    (b) When a party to a case before the Court for oral argu- \n ment has withheld consent, a motion for leave to file an ami- \n cus curiae brief may be presented to the Court. The mo- \n tion, prepared as required by Rule 33.1<\/a> and as one document \n with the brief sought to be filed, shall be submitted within \n the time allowed for filing an amicus curiae brief, and shall \n indicate the party or parties who have withheld consent and \n state the nature of the movant's interest. \n\n 4. No motion for leave to file an amicus curiae brief is \n necessary if the brief is presented on behalf of the United \n States by the Solicitor General; on behalf of any agency of \n the United States allowed by law to appear before this Court \n when submitted by the agency's authorized legal representa- \n tive; on behalf of a State, Commonwealth, Territory, or Pos- \n session when submitted by its Attorney General; or on behalf \n of a city, county, town, or similar entity when submitted by \n its authorized law officer. \n\n 5. A brief or motion filed under this Rule shall be accom- \n panied by proof of service as required by Rule 29<\/a>, and shall \n comply with the applicable provisions of Rules 21<\/a>, 24<\/a>, and \n 33.1<\/a> (except that it suffices to set out in the brief the interest \n of the amicus curiae, the summary of the argument, the ar- \n gument, and the conclusion). A motion for leave to file may \n not exceed five pages. A party served with the motion may \n file an objection thereto, stating concisely the reasons for \n withholding consent; the objection shall be prepared as re- \n quired by Rule 33.2<\/a>. \n\n 6. Except for briefs presented on behalf of amicus curiae \n listed in Rule 37.4<\/a>, a brief filed under this Rule shall indicate \n whether counsel for a party authored the brief in whole or \n in part and shall identify every person or entity, other than \n the amicus curiae, its members, or its counsel, who made a \n monetary contribution to the preparation or submission of the brief. \n The disclosure shall be made in the first footnote \n on the first page of text. \n <\/a>\n Rule 38. Fees<\/b> \n\n Under 28 U. S. C. \u00a7 1911, the fees charged by the Clerk are: \n    (a) for docketing a case on a petition for a writ of certio- \n rari or on appeal or for docketing any other proceeding, ex- \n cept a certified question or a motion to docket and dismiss \n an appeal under Rule 18.5<\/a>, $300; \n    (b) for filing a petition for rehearing or a motion for leave \n to file a petition for rehearing, $200; \n    (c) for reproducing and certifying any record or paper, $1 \n per page; and for comparing with the original thereof any \n photographic reproduction of any record or paper, when fur- \n nished by the person requesting its certification, $.50 per \n page; \n    (d) for a certificate bearing the seal of the Court, $10; and \n    (e) for a check paid to the Court, Clerk, or Marshal that is \n returned for lack of funds, $35. \n <\/a>\n Rule 39. Proceedings In Forma Pauperis<\/b> \n\n 1. A party seeking to proceed in forma pauperis shall file \n a motion for leave to do so, together with the party's nota- \n rized affidavit or declaration (in compliance with 28 U. S. C. \n \u00a7 1746) in the form prescribed by the Federal Rules of Appel- \n late Procedure, Form 4. The motion shall state whether \n leave to proceed in forma pauperis was sought in any other \n court and, if so, whether leave was granted. If the United \n States district court or the United States court of appeals \n has appointed counsel under the Criminal Justice Act of 1964, \n 18 U. S. C. \u00a7 3006A, or under any other applicable federal \n statute, no affidavit or declaration is required, but the motion \n shall cite the statute under which counsel was appointed. \n\n 2. If leave to proceed in forma pauperis is sought for the\n purpose of filing a document, the motion, and an affidavit\n or declaration if required, shall be filed together with that\n document and shall comply in every respect with Rule 21<\/a>.\n As provided in that Rule, it suffices to file an original and 10\n copies, unless the party is an inmate confined in an institution\n and is not represented by counsel, in which case the\n original, alone, suffices. A copy of the motion, and affidavit\n or declaration if required, shall precede and be attached to\n each copy of the accompanying document.\n\n 3. Except when these Rules expressly provide that a docu- \n ment shall be prepared as required by Rule 33.1<\/a>, every docu- \n ment presented by a party proceeding under this Rule shall \n be prepared as required by Rule 33.2<\/a> (unless such prepara- \n tion is impossible). Every document shall be legible. \n While making due allowance for any case presented under \n this Rule by a person appearing pro se, the Clerk will not \n file any document if it does not comply with the substance of \n these Rules or is jurisdictionally out of time. \n\n 4. When the documents required by paragraphs 1 and 2 of \n this Rule are presented to the Clerk, accompanied by proof \n of service as required by Rule 29<\/a>, they will be placed on the \n docket without the payment of a docket fee or any other fee. \n\n 5. The respondent or appellee in a case filed in forma pau- \n peris shall respond in the same manner and within the same \n time as in any other case of the same nature, except that the \n filing of an original and 10 copies of a response prepared as \n required by Rule 33.2<\/a>, with proof of service as required by \n Rule 29<\/a>, suffices. The respondent or appellee may challenge \n the grounds for the motion for leave to proceed in forma \n pauperis in a separate document or in the response itself. \n\n 6. Whenever the Court appoints counsel for an indigent \n party in a case set for oral argument, the briefs on the merits \n submitted by that counsel, unless otherwise requested, shall \n be prepared under the Clerk's supervision. The Clerk also \n will reimburse appointed counsel for any necessary travel \n expenses to Washington, D. C., and return in connection with \n the argument. \n\n 7. In a case in which certiorari has been granted, probable \n jurisdiction noted, or consideration of jurisdiction postponed, \n this Court may appoint counsel to represent a party finan- \n cially unable to afford an attorney to the extent authorized \n by the Criminal Justice Act of 1964, 18 U. S. C. \u00a7 3006A, or \n by any other applicable federal statute. \n\n 8. If satisfied that a petition for a writ of certiorari, juris- \n dictional statement, or petition for an extraordinary writ is \n frivolous or malicious, the Court may deny leave to proceed \n in forma pauperis. \n <\/a>\n Rule 40. Veterans, Seamen, and Military Cases<\/b> \n\n 1. A veteran suing to establish reemployment rights \n under any provision of law exempting veterans from the pay- \n ment of fees or court costs, may file a motion for leave to \n proceed on papers prepared as required by Rule 33.2<\/a>. The \n motion shall ask leave to proceed as a veteran and be accom- \n panied by an affidavit or declaration setting out the moving \n party's veteran status. A copy of the motion shall precede \n and be attached to each copy of the petition for a writ \n of certiorari or other substantive document filed by the \n veteran. \n\n 2. A seaman suing under 28 U. S. C. \u00a7 1916 may proceed \n without prepayment of fees or costs or furnishing security \n therefor, but is not entitled to proceed under Rule 33.2<\/a>, ex- \n cept as authorized by the Court on separate motion under \n Rule 39<\/a>. \n\n 3. An accused person petitioning for a writ of certiorari to \n review a decision of the United States Court of Appeals for \n the Armed Forces under 28 U. S. C. \u00a7 1259 may proceed with- \n out prepayment of fees or costs or furnishing security there- \n for and without filing an affidavit of indigency, but is not \n entitled to proceed on papers prepared as required by Rule \n 33.2<\/a>, except as authorized by the Court on separate motion \n under Rule 39<\/a>. \n\n <\/pre>\n\n                 \n\n\n\n\n
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