PART V. MOTIONS AND APPLICATIONS
Rule 21. Motions to the Court
1. Every motion to the Court shall clearly state its pur-
pose and the facts on which it is based and may present legal
argument in support thereof. No separate brief may be
filed. A motion should be concise and shall comply with any
applicable page limits. Rule 22 governs an application ad-
dressed to a single Justice.
2. (a) A motion in any action within the Court's original
jurisdiction shall comply with Rule 17.3.
(b) A motion to dismiss as moot (or a suggestion of moot-
ness), a motion for leave to file a brief as amicus curiae, and
any motion the granting of which would dispose of the entire
case or would affect the final judgment to be entered (other
than a motion to docket and dismiss under Rule 18.5 or a
motion for voluntary dismissal under Rule 46) shall be pre-
pared as required by Rule 33.1, and 40 copies shall be filed,
except that a movant proceeding in forma pauperis under
Rule 39, including an inmate of an institution, shall file a
motion prepared as required by Rule 33.2, and shall file the
number of copies required for a petition by such a person
under Rule 12.2. The motion shall be served as required by
(c) Any other motion to the Court shall be prepared as
required by Rule 33.2; the moving party shall file an original
and 10 copies. The Court subsequently may order the mov-
ing party to prepare the motion as required by Rule 33.1; in
that event, the party shall file 40 copies.
3. A motion to the Court shall be filed with the Clerk and
shall be accompanied by proof of service as required by Rule
29. No motion may be presented in open Court, other than
a motion for admission to the Bar, except when the proceed-
ing to which it refers is being argued. Oral argument on a
motion will not be permitted unless the Court so directs.
4. Any response to a motion shall be filed as promptly as
possible considering the nature of the relief sought and any
asserted need for emergency action, and, in any event,
within 10 days of receipt, unless the Court or a Justice, or
the Clerk under Rule 30.4, orders otherwise. A response to
a motion prepared as required by Rule 33.1, except a re-
sponse to a motion for leave to file an amicus curiae brief
(see Rule 37.5), shall be prepared in the same manner if time
permits. In an appropriate case, the Court may act on a
motion without waiting for a response.
Rule 22. Applications to Individual Justices
1. An application addressed to an individual Justice shall
be filed with the Clerk, who will transmit it promptly to the
Justice concerned if an individual Justice has authority to
grant the sought relief.
2. The original and two copies of any application ad-
dressed to an individual Justice shall be prepared as required
by Rule 33.2, and shall be accompanied by proof of service
as required by Rule 29.
3. An application shall be addressed to the Justice allotted
to the Circuit from which the case arises. When the Circuit
Justice is unavailable for any reason, the application ad-
dressed to that Justice will be distributed to the Justice then
available who is next junior to the Circuit Justice; the turn
of the Chief Justice follows that of the most junior Justice.
4. A Justice denying an application will note the denial
thereon. Thereafter, unless action thereon is restricted by
law to the Circuit Justice or is untimely under Rule 30.2,
the party making an application, except in the case of an
application for an extension of time, may renew it to any
other Justice, subject to the provisions of this Rule. Except
when the denial is without prejudice, a renewed application
is not favored. Renewed application is made by a letter to
the Clerk, designating the Justice to whom the application is
to be directed, and accompanied by 10 copies of the original
application and proof of service as required by Rule 29.
5. A Justice to whom an application for a stay or for bail
is submitted may refer it to the Court for determination.
6. The Clerk will advise all parties concerned, by appro-
priately speedy means, of the disposition made of an
Rule 23. Stays
1. A stay may be granted by a Justice as permitted by law.
2. A party to a judgment sought to be reviewed may pre-
sent to a Justice an application to stay the enforcement of
that judgment. See 28 U. S. C. § 2101(f).
3. An application for a stay shall set out with particularity
why the relief sought is not available from any other court
or judge. Except in the most extraordinary circumstances,
an application for a stay will not be entertained unless the
relief requested was first sought in the appropriate court or
courts below or from a judge or judges thereof. An applica-
tion for a stay shall identify the judgment sought to be re-
viewed and have appended thereto a copy of the order and
opinion, if any, and a copy of the order, if any, of the court
or judge below denying the relief sought, and shall set out
specific reasons why a stay is justified. The form and con-
tent of an application for a stay are governed by Rules 22
4. A judge, court, or Justice granting an application for a
stay pending review by this Court may condition the stay on
the filing of a supersedeas bond having an approved surety
or sureties. The bond will be conditioned on the satisfaction
of the judgment in full, together with any costs, interest, and
damages for delay that may be awarded. If a part of the
judgment sought to be reviewed has already been satisfied,
or is otherwise secured, the bond may be conditioned on the
satisfaction of the part of the judgment not otherwise se-
cured or satisfied, together with costs, interest, and damages.