{"id":54888,"date":"2014-06-19T12:33:33","date_gmt":"2014-06-19T17:33:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/supreme_court\/rules\/part8.html"},"modified":"2014-06-19T12:33:33","modified_gmt":"2014-06-19T17:33:33","slug":"part8","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/supreme_court\/rules\/part8.html","title":{"rendered":"PART VIII. DISPOSITION OF CASES"},"content":{"rendered":"\n
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\t\nPART VIII. DISPOSITION OF CASES<\/h1>\n
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\n\n\n \n PART VIII. DISPOSITION OF CASES<\/b>\n \n \n 

\n\n\n <\/a>\n Rule 41. Opinions of the Court<\/b> \n\n    Opinions of the Court will be released by the Clerk imme- \n diately upon their announcement from the bench, or as the \n Court otherwise directs. Thereafter, the Clerk will cause \n the opinions to be issued in slip form, and the Reporter of \n Decisions will prepare them for publication in the prelimi- \n nary prints and bound volumes of the United States Reports. \n <\/a>\n Rule 42. Interest and Damages<\/b> \n\n 1. If a judgment for money in a civil case is affirmed, any \n interest allowed by law is payable from the date the judg- \n ment under review was entered. If a judgment is modified \n or reversed with a direction that a judgment for money be \n entered below, the mandate will contain instructions with \n respect to the allowance of interest. Interest in cases aris- \n ing in a state court is allowed at the same rate that similar \n judgments bear interest in the courts of the State in which \n judgment is directed to be entered. Interest in cases aris- \n ing in a court of the United States is allowed at the interest \n rate authorized by law. \n\n 2. When a petition for a writ of certiorari, an appeal, or \n an application for other relief is frivolous, the Court may \n award the respondent or appellee just damages, and single \n or double costs under Rule 43<\/a>. Damages or costs may be \n awarded against the petitioner, appellant, or applicant, \n against the party's counsel, or against both party and \n counsel. \n <\/a>\n Rule 43. Costs<\/b> \n\n 1. If the Court affirms a judgment, the petitioner or appel- \n lant shall pay costs unless the Court otherwise orders. \n\n 2. If the Court reverses or vacates a judgment, the re- \n spondent or appellee shall pay costs unless the Court other- \n wise orders. \n\n 3. The Clerk's fees and the cost of printing the joint ap- \n pendix are the only taxable items in this Court. The cost of \n the transcript of the record from the court below is also a \n taxable item, but shall be taxable in that court as costs in the \n case. The expenses of printing briefs, motions, petitions, or \n jurisdictional statements are not taxable. \n\n 4. In a case involving a certified question, costs are equally \n divided unless the Court otherwise orders, except that if the \n Court decides the whole matter in controversy, as permitted \n by Rule 19.2<\/a>, costs are allowed as provided in paragraphs 1 \n and 2 of this Rule. \n\n 5. To the extent permitted by 28 U. S. C. \u00a7 2412, costs \n under this Rule are allowed for or against the United States \n or an officer or agent thereof, unless expressly waived or \n unless the Court otherwise orders. \n\n 6. When costs are allowed in this Court, the Clerk will \n insert an itemization of the costs in the body of the mandate \n or judgment sent to the court below. The prevailing side \n may not submit a bill of costs. \n\n 7. In extraordinary circumstances the Court may adjudge \n double costs. \n <\/a>\n Rule 44. Rehearing<\/b> \n\n 1. Any petition for the rehearing of any judgment or deci- \n sion of the Court on the merits shall be filed within 25 days \n after entry of the judgment or decision, unless the Court or \n a Justice shortens or extends the time. The petitioner shall \n file 40 copies of the rehearing petition and shall pay the filing \n fee prescribed by Rule 38(b)<\/a>, except that a petitioner pro- \n ceeding in forma pauperis under Rule 39<\/a>, including an in- \n mate of an institution, shall file the number of copies re- \n quired for a petition by such a person under Rule 12.2<\/a>. The \n petition shall state its grounds briefly and distinctly and \n shall be served as required by Rule 29<\/a>. The petition shall \n be presented together with certification of counsel (or of a \n party unrepresented by counsel) that it is presented in good \n faith and not for delay; one copy of the certificate shall bear \n the signature of counsel (or of a party unrepresented by \n counsel). A copy of the certificate shall follow and be \n attached to each copy of the petition. A petition for rehear- \n ing is not subject to oral argument and will not be granted \n except by a majority of the Court, at the instance of a Justice \n who concurred in the judgment or decision. \n\n 2. Any petition for the rehearing of an order denying a \n petition for a writ of certiorari or extraordinary writ shall \n be filed within 25 days after the date of the order of denial \n and shall comply with all the form and filing requirements of \n paragraph 1 of this Rule, including the payment of the filing \n fee if required, but its grounds shall be limited to intervening \n circumstances of a substantial or controlling effect or to \n other substantial grounds not previously presented. The \n petition shall be presented together with certification of \n counsel (or of a party unrepresented by counsel) that it is \n restricted to the grounds specified in this paragraph and that \n it is presented in good faith and not for delay; one copy of \n the certificate shall bear the signature of counsel (or of a \n party unrepresented by counsel). The certificate shall be \n bound with each copy of the petition. The Clerk will not file \n a petition without a certificate. The petition is not subject \n to oral argument. \n\n 3. The Clerk will not file any response to a petition for \n rehearing unless the Court requests a response. In the ab- \n sence of extraordinary circumstances, the Court will not \n grant a petition for rehearing without first requesting a \n response. \n\n 4. The Clerk will not file consecutive petitions and peti- \n tions that are out of time under this Rule. \n\n 5. The Clerk will not file any brief for an amicus curiae \n in support of, or in opposition to, a petition for rehearing. \n\n 6. If the Clerk determines that a petition for rehearing\n submitted timely and in good faith is in a form that does not\n comply with the Rule or Rule 33 or Rule 34, the Clerk will\n return it with a letter indicating the deficiency. A corrected\n petition for rehearing received no more than 15 days after\n the date of the Clerk's letter will be deemed timely.\n <\/a>\n Rule 45. Process; Mandates<\/b> \n\n 1. All process of this Court issues in the name of the Presi- \n dent of the United States. \n\n 2. In a case on review from a state court, the mandate \n issues 25 days after entry of the judgment, unless the Court \n or a Justice shortens or extends the time, or unless the par- \n ties stipulate that it issue sooner. The filing of a petition for \n rehearing stays the mandate until disposition of the petition, \n unless the Court orders otherwise. If the petition is denied, \n the mandate issues forthwith. \n\n 3. In a case on review from any court of the United States, \n as defined by 28 U. S. C. \u00a7 451, a formal mandate does not \n issue unless specially directed; instead, the Clerk of this \n Court will send the clerk of the lower court a copy of the \n opinion or order of this Court and a certified copy of the \n judgment. The certified copy of the judgment, prepared \n and signed by this Court's Clerk, will provide for costs if \n any are awarded. In all other respects, the provisions of \n paragraph 2 of this Rule apply. \n <\/a>\n Rule 46. Dismissing Cases<\/b> \n\n 1. At any stage of the proceedings, whenever all parties \n file with the Clerk an agreement in writing that a case be \n dismissed, specifying the terms for payment of costs, and pay \n to the Clerk any fees then due, the Clerk, without further \n reference to the Court, will enter an order of dismissal. \n\n 2. (a) A petitioner or appellant may file a motion to dis- \n miss the case, with proof of service as required by Rule 29<\/a>, \n tendering to the Clerk any fees due and costs payable. No \n more than 15 days after service thereof, an adverse party \n may file an objection, limited to the amount of damages and \n costs in this Court alleged to be payable or to showing that \n the moving party does not represent all petitioners or appel- \n lants. The Clerk will not file any objection not so limited. \n    (b) When the objection asserts that the moving party does \n not represent all the petitioners or appellants, the party \n moving for dismissal may file a reply within 10 days, after \n which time the matter will be submitted to the Court for \n its determination. \n    (c) If no objection is filed--or if upon objection going only \n to the amount of damages and costs in this Court, the party \n moving for dismissal tenders the additional damages and \n costs in full within 10 days of the demand therefor--the \n Clerk, without further reference to the Court, will enter an \n order of dismissal. If, after objection as to the amount of \n damages and costs in this Court, the moving party does not \n respond by a tender within 10 days, the Clerk will report \n the matter to the Court for its determination. \n\n 3. No mandate or other process will issue on a dismissal \n under this Rule without an order of the Court. \n <\/pre>\n\n                 \n\n\n\n\n
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