THE MACHINE
PROCEDURE OF SUPREME COURT
Rule 1. Clerk
1. The Clerk receives documents for filing with the Court and has
authority to reject any submitted filing that does not comply
with these Rules.
2. The Clerk maintains the Court's records and will not permit
any of them to be removed from the Court building except as
authorized by the Court. Any document filed with the Clerk and
made a part of the Court's records may not thereafter be
withdrawn from the official Court files. After the conclusion of
proceedings in this Court, original records and documents
transmitted to this Court by any other court will be returned to
the court from which they were received.
3. Unless the Court or the Chief Justice orders otherwise, the
Clerk's office is open from 9 a.m. to 5 p.m., Monday through
Friday, except on federal legal holidays
Rule 2. Library
1. The Court's library is available for use by appropriate
personnel of this Court, members of the Bar of this Court,
Members of Congress and their legal staffs, and attorneys for the
United States and for federal departments and agencies.
2. The library's hours are governed by regulations made by the
Librarian with the approval of the Chief Justice or the Court.
3. Library books may not be removed from the Court building,
except by a Justice or a member of a Justice's staff.
Rule 4. Sessions and Quorum
1. Open sessions of the Court are held beginning at 10 a.m. on
the first Monday in October of each year, and thereafter as
announced by the Court. Unless it orders otherwise, the Court
sits to hear arguments from 10 a.m. until noon and from 1 p.m.
until 3 p.m.
2. Six Members of the Court constitute a quorum. In the absence
of a quorum on any day appointed for holding a session of the
Court, the Justices attendingor if no Justice is present, the
Clerk or a Deputy Clerkmay announce that the Court will not meet
until there is a quorum.
3. When appropriate, the Court will direct the Clerk or the
Marshal to announce recesses.
Rule 5. Admission to the Bar
1. To qualify for admission to the Bar of this Court, an
applicant must have been admitted to practice in the highest
court of a State, Commonwealth, Territory or Possession, or the
District of Columbia for a period of at least three years
immediately before the date of application; must not have been
the subject of any adverse disciplinary action pronounced or in
effect during that 3 year period; and must appear to the Court to
be of good moral and professional character.
2. Each applicant shall file with the Clerk (1) a certificate
from the presiding judge, clerk, or other authorized official of
that court evidencing the applicant's admission to practice there
and the applicant's current good standing, and (2) a completely
executed copy of the form approved by this Court and furnished by
the Clerk containing (a) the applicant's personal statement, and
(b) the statement of two sponsors endorsing the correctness of
the applicant's statement, stating that the applicant possesses
all the qualifications required for admission, and affirming that
the applicant is of good moral and professional character. Both
sponsors must be members of the Bar of this Court who personally
know, but are not related to, the applicant.
3. If the documents submitted demonstrate that the applicant
possesses the necessary qualifications, and if the applicant has
signed the oath or affirmation and paid the required fee, the
Clerk will notify the applicant of acceptance by the Court as a
member of the Bar and issue a certificate of admission. An
applicant who so wishes may be admitted in open court on oral
motion by a member of the Bar of this Court, provided that all
other requirements for admission have been satisfied.
4. Each applicant shall sign the following oath or affirmation: I,
..............., do solemnly swear (or affirm) that as an
attorney and as a counselor of this Court, I will conduct myself
uprightly and according to law, and that I will support the
Constitution of the United States.
5. The fee for admission to the Bar and a certificate bearing the
seal of the Court is $100, payable to the United States Supreme
Court. The Marshal will deposit such fees in a separate fund to
be disbursed by the Marshal at the direction of the Chief Justice
for the costs of admissions, for the benefit of the Court and its
Bar, and for related purposes.
6. The fee for a duplicate certificate of admission to the Bar
bearing the seal of the Court is $15, and the fee for a
certificate of good standing is $10, payable to the United States
Supreme Court. The proceeds will be maintained by the Marshal as
provided in paragraph 5 of this Rule.
Rule 6. Argument Pro Hac Vice
1. An attorney not admitted to practice in the highest court of a
State, Commonwealth, Territory or Possession, or the District of
Columbia for the requisite three years, but otherwise eligible
for admission to practice in this Court under Rule 5.1 , may be
permitted to argue pro hac vice.
2. An attorney qualified to practice in the courts of a foreign
state may be permitted to argue pro hac vice.
3. Oral argument pro hac vice is allowed only on motion of the
counsel of record for the party on whose behalf leave is
requested. The motion shall state concisely the qualifications of
the attorney who is to argue pro hac vice. It shall be filed with
the Clerk, in the form required by Rule 21 , no later than the
date on which the respondent's or appellee's brief on the merits
is due to be filed and it shall be accompanied by proof of
service as required by Rule 29 .
Rule 7. Prohibition Against Practice
No employee of this Court shall practice as an attorney or
counselor in any court or before any agency of government while
employed by the Court; nor shall any person after leaving such
employment participate in any professional capacity in any case
pending before this Court or in any case being considered for
filing in this Court, until two years have elapsed after
separation; nor shall a former employee ever participate in any
professional capacity in any case that was pending in this Court
during the employee's tenure.
Rule 8. Disbarment and Disciplinary Action
1. Whenever a member of the Bar of this Court has been disbarred
or suspended from practice in any court of record, or has engaged
in conduct unbecoming a member of the Bar of this Court, the
Court will enter an order suspending that member from practice
before this Court and affording the member an opportunity to show
cause, within 40 days, why a disbarment order should not be
entered. Upon response, or if no response is timely filed, the
Court will enter an appropriate order.
2. After reasonable notice and an opportunity to show cause why
disciplinary action should not be taken, and after a hearing if
material facts are in dispute, the Court may take any appropriate
disciplinary action against any attorney who is admitted to
practice before it for conduct unbecoming a member of the Bar or
for failure to comply with these Rules or any Rule or order of
the Court.
Rule 9. Appearance of Counsel
1. An attorney seeking to file a document in this Court in a
representative capacity must first be admitted to practice before
this Court as provided in Rule 5, except that admission to the
Bar of this Court is not required for an attorney appointed under
the Criminal Justice Act of 1964, or under any other applicable
federal statute. The attorney whose name, address, and telephone
number appear on the cover of a document presented for filing is
considered counsel of record, and a separate notice of appearance
need not be filed. If the name of more than one attorney is shown
on the cover of the document, the attorney who is counsel of
record shall be clearly identified.
2. An attorney representing a party who will not be filing a
document shall enter a separate notice of appearance as counsel
of record indicating the name of the party represented. A
separate notice of appearance shall also be entered whenever an
attorney is substituted as counsel of record in a particular case.
Rule 10. Considerations Governing Review on Writ of Certiorari
Review on a writ of certiorari is not a matter of right, but of
judicial discretion. A petition for a writ of certiorari will be
granted only for compelling reasons. The following, although
neither controlling nor fully measuring the Court's discretion,
indicate the character of the reasons the Court considers:
(a) a United States court of appeals has entered a decision in
conflict with the decision of another United States court of
appeals on the same important matter; has decided an important
federal question in a way that conflicts with a decision by a
state court of last resort; or has so far departed from the
accepted and usual course of judicial proceedings, or sanctioned
such a departure by a lower court, as to call for an exercise of
this Court's supervisory power;
(b) a state court of last resort has decided an important federal
question in a way that conflicts with the decision of another
state court of last resort or of a United States court of appeals;
(c) a state court or a United States court of appeals has decided
an important question of federal law that has not been, but
should be, settled by this Court, or has decided an important
federal question in a way that conflicts with relevant decisions
of this Court.
A petition for a writ of certiorari is rarely granted when the
asserted error consists of erroneous factual findings or the
misapplication of a properly stated rule of law.
Rule 11. Certiorari to a United States Court of Appeals before
Judgment
A petition for a writ of certiorari to review a case pending in a
United States court of appeals, before judgment is entered in
that court, will be granted only upon a showing that the case is
of such imperative public importance as to justify deviation from
normal appellate practice and to require immediate determination
in this Court.
Rule 12. Review on Certiorari: How Sought; Parties
1. Except as provided in paragraph 2 on this Rule, the petitioner
shall file 40 copies of a petition for a writ of certiorari,
prepared as required by Rule 33.1, and shall pay the Rule 38(a)
docket fee.
2. A petitioner proceeding in forma pauperis under Rule 39 shall
file an original and 10 copies of a petition for a writ of
certiorari prepared as required by Rule 33.2, together with an
original and 10 copies of the motion for leave to proceed in
forma pauperis. A copy of the motion shall precede and be
attached to each copy of the petition. An inmate confined in an
institution, if proceeding in forma pauperis and not represented
by counsel, need file only an original petition and motion.
3. Whether prepared under to Rule 33.1 or Rule 33.2, the petition
shall comply in all respects with Rule 14 and shall be submitted
with proof of service as required by Rule 29. The case then will
be placed on the docket. It is the petitioner's duty to notify
all respondents promptly, on a form supplied by the Clerk, of the
date of filing, the date the case was placed on the docket, and
the docket number of the case. The notice shall be served as
required by Rule 29.
4. Parties interested jointly, severally, or otherwise in a
judgment may petition separately for a writ of certiorari; or any
two or more may join in a petition. A party not shown on the
petition as joined therein at the time the petition is filed may
not later join in that petition. When two or more judgments are
sought to be reviewed on a writ of certiorari to the same court
and involve identical or closely related questions, a single
petition for a writ of certiorari covering all the judgments
suffices. A petition for a writ of certiorari may not be joined
with any other pleading, except that any motion for leave to
proceed in forma pauperis shall be attached.
5. No more than 30 days after a case has been placed on the
docket, a respondent seeking to file a conditional cross petition
(i. e., a cross-petition that otherwise would be untimely) shall
file, with proof of service as required by Rule 29, 40 copies of
the cross-petition prepared as required by Rule 33.1, except that
a cross-petitioner proceeding in forma pauperis under Rule 39
shall comply with Rule 12.2. The cross-petition shall comply in
all respects with this Rule and Rule 14, except that material
already reproduced in the appendix to the opening petition need
not be reproduced again. A cross-petitioning respondent shall pay
the Rule 38(a) docket fee or submit a motion for leave to proceed
in forma pauperis. The cover of the cross-petition shall indicate
clearly that it is a conditional cross petition. The cross
petition then will be placed on the docket, subject to the
provisions of Rule 13.4. It is the cross-petitioner's duty to
notify all cross respondents promptly, on a form supplied by the
Clerk, of the date of filing, the date the cross-petition was
placed on the docket, and the docket number of the cross petition.
The notice shall be served as required by Rule 29. A cross
petition for a writ of certiorari may not be joined with any
other pleading, except that any motion for leave to proceed in
forma pauperis shall be attached. The time to file a cross
petition will not be extended.
6. All parties to the proceeding in the court whose judgment is
sought to be reviewed are deemed parties entitled to file
documents in this Court, unless the petitioner notifies the Clerk
of this Court in writing of the petitioner's belief that one or
more of the parties below have no interest in the outcome of the
petition. A copy of such notice shall be served as required by
Rule 29 on all parties to the proceeding below. A party noted as
no longer interested may remain a party by notifying the Clerk
promptly, with service on the other parties, of an intention to
remain a party. All parties other than the petitioner are
considered respondents, but any respondent who supports the
position of a petitioner shall meet the petitioner's time
schedule for filing documents, except that a response supporting
the petition shall be filed within 20 days after the case is
placed on the docket, and that time will not be extended. Parties
who file no document will not qualify for any relief from this
Court.
7. The clerk of the court having possession of the record shall
keep it until notified by the Clerk of this Court to certify and
transmit it. In any document filed with this Court, a party may
cite or quote from the record, even if it has not been
transmitted to this Court. When requested by the Clerk of this
Court to certify and transmit the record, or any part of it, the
clerk of the court having possession of the record shall number
the documents to be certified and shall transmit therewith a
numbered list specifically identifying each document transmitted.
If the record, or stipulated portions, have been printed for the
use of the court below, that printed record, plus the proceedings
in the court below, may be certified as the record unless one of
the parties or the Clerk of this Court requests otherwise. The
record may consist of certified copies, but if the lower court is
of the view that original documents of any kind should be seen by
this Court, that court may provide by order for the transport,
safekeeping, and return of such originals.
Rule 13. Review on Certiorari: Time for Petitioning
1. Unless otherwise provided by law, a petition for a writ of
certiorari to review a judgment in any case, civil or criminal,
entered by a state court of last resort or a United States court
of appeals (including the United States Court of Appeals for the
Armed Forces) is timely when it is filed with the Clerk of this
Court within 90 days after entry of the judgment. A petition for
a writ of certiorari seeking review of a judgment of a lower
state court that is subject to discretionary review by the state
court of last resort is timely when it is filed with the Clerk
within 90 days after entry of the order denying discretionary
review.
2. The Clerk will not file any petition for a writ of certiorari
that is jurisdictionally out of time.
3. The time to file a petition for a writ of certiorari runs from
the date of entry of the judgment or order sought to be reviewed,
and not from the issuance date of the mandate (or its equivalent
under local practice). But if a petition for rehearing is timely
filed in the lower court by any party, the time to file the
petition for a writ of certiorari for all parties (whether or not
they requested rehearing or joined in the petition for rehearing)
runs from the date of the denial of the petition for rehearing or,
if the petition for rehearing is granted, the subsequent entry of
judgment.
4. A cross petition for a writ of certiorari is timely when it is
filed with the Clerk as provided in paragraphs 1, 3, and 5 of
this Rule, or in Rule 12.5. However, a conditional cross petition
(which except for Rule 12.5 would be untimely) will not be
granted unless another party's timely petition for a writ of
certiorari is granted.
5. For good cause, a Justice may extend the time to file a
petition for a writ of certiorari for a period not exceeding 60
days. An application to extend the time to file shall set out the
basis for jurisdiction in this Court, identify the judgment
sought to be reviewed, include a copy of the opinion and any
order respecting rehearing, and set out specific reasons why an
extension of time is justified. The application must be received
by the Clerk at least 10 days before the date the petition is due,
except in extraordinary circumstances. For the time and manner of
presenting the application. An application to extend the time to
file a petition for a writ of certiorari is not favored.
Rule 17. Procedure in an Original Action
1. This Rule applies only to an action invoking the Court's
original jurisdiction under Article III of the Constitution of
the United States. A petition for an extraordinary writ in aid of
the Court's appellate jurisdiction shall be filed as provided in
Rule 20.
2. The form of pleadings and motions prescribed by the Federal
Rules of Civil Procedure is followed. In other respects, those
Rules and the Federal Rules of Evidence may be taken as guides.
3. The initial pleading shall be preceded by a motion for leave
to file, and may be accompanied by a brief in support of the
motion. Forty copies of each document shall be filed, with proof
of service. Service shall be as required by Rule 29, except that
when an adverse party is a State, service shall be made on both
the Governor and the Attorney General of that State.
4. The case will be placed on the docket when the motion for
leave to file and the initial pleading are filed with the Clerk.
The Rule 38(a) docket fee shall be paid at that time.
5. No more than 60 days after receiving the motion for leave to
file and the initial pleading, an adverse party shall file 40
copies of any brief in opposition to the motion, with proof of
service as required by Rule 29. The Clerk will distribute the
filed documents to the Court for its consideration upon receiving
an express waiver of the right to file a brief in opposition, or,
if no waiver or brief is filed, upon the expiration of the time
allowed for filing. If a brief in opposition is timely filed, the
Clerk will distribute the filed documents to the Court for its
consideration no less than 10 days after the brief in opposition
is filed. A reply brief may be filed, but consideration of the
case will not be deferred pending its receipt. The Court
thereafter may grant or deny the motion, set it for oral argument,
direct that additional documents be filed, or require that other
proceedings be conducted.
6. A summons issued out of this Court shall be served on the
defendant 60 days before the return day specified therein. If the
defendant does not respond by the return day, the plaintiff may
proceed ex parte.
7. Process against a State issued out of this Court shall be
served on both the Governor and the Attorney General of that
State.
Rule 37. Brief for an Amicus Curiae
1. An amicus curiae brief that brings to the attention of the
Court relevant matter not already brought to its attention by the
parties may be of considerable help to the Court. An amicus
curiae brief that does not serve this purpose burdens the Court,
and its filing is not favored.
2. (a) An amicus curiae brief submitted before the Court's
consideration of a petition for a writ of certiorari, motion for
leave to file a bill of complaint, jurisdictional statement, or
petition for an extraordinary writ, may be filed if accompanied
by the written consent of all parties, or if the Court grants
leave to file under subparagraph 2(b) of this Rule. The brief
shall be submitted within the time allowed for filing a brief in
opposition or for filing a motion to dismiss or affirm. The
amicus curiae brief shall specify whether consent was granted,
and its cover shall identify the party supported.
(b) When a party to the case has withheld consent, a motion for
leave to file an amicus curiae brief before the Court's
consideration of a petition for a writ of certiorari, motion for
leave to file a bill of complaint, jurisdictional statement, or
petition for an extraordinary writ may be presented to the Court.
The motion, prepared as required by Rule 33.1 and as one document
with the brief sought to be filed, shall be submitted within the
time allowed for filing an amicus curiae brief, and shall
indicate the party or parties who have withheld consent and state
the nature of the movant's interest. Such a motion is not favored.
3. (a) An amicus curiae brief in a case before the Court for oral
argument may be filed if accompanied by the written consent of
all parties, or if the Court grants leave to file under
subparagraph 3(b) of this Rule. The brief shall be submitted
within the time allowed for filing the brief for the party
supported, or if in support of neither party, within the time
allowed for filing the petitioner's or appellant's brief. The
amicus curiae brief shall specify whether consent was granted,
and its cover shall identify the party supported or indicate
whether it suggests affirmance or reversal. The Clerk will not
file a reply brief for an amicus curiae, or a brief for an amicus
curiae in support of, or in opposition to, a petition for
rehearing.
(b) When a party to a case before the Court for oral argument has
withheld consent, a motion for leave to file an amicus curiae
brief may be presented to the Court. The motion, prepared as
required by Rule 33.1 and as one document with the brief sought
to be filed, shall be submitted within the time allowed for
filing an amicus curiae brief, and shall indicate the party or
parties who have withheld consent and state the nature of the
movant's interest.
4. No motion for leave to file an amicus curiae brief is
necessary if the brief is presented on behalf of the United
States by the Solicitor General; on behalf of any agency of the
United States allowed by law to appear before this Court when
submitted by the agency's authorized legal representative; on
behalf of a State, Commonwealth, Territory, or Possession when
submitted by its Attorney General; or on behalf of a city, county,
town, or similar entity when submitted by its authorized law
officer.
5. A brief or motion filed under this Rule shall be accompanied
by proof of service as required by Rule 29, and shall comply with
the applicable provisions of Rules 21, 24, and 33.1 (except that
it suffices to set out in the brief the interest of the amicus
curiae, the summary of the argument, the argument, and the
conclusion). A motion for leave to file may not exceed five pages.
A party served with the motion may file an objection thereto,
stating concisely the reasons for withholding consent; the
objection shall be prepared as required by Rule 33.2.
6. Except for briefs presented on behalf of amicus curiae listed
in Rule 37.4, a brief filed under this Rule shall indicate
whether counsel for a party authored the brief in whole or in
part and shall identify every person or entity, other than the
amicus curiae, its members, or its counsel, who made a monetary
contribution to the preparation or submission of the brief. The
disclosure shall be made in the first footnote on the first page
of text.
Rule 39. Proceedings In Forma Pauperis
1. A party seeking to proceed in forma pauperis shall file a
motion for leave to do so, together with the party's notarized
affidavit or declaration (in compliance with 28 U. S. C. §1746 )
in the form prescribed by the Federal Rules of Appellate
Procedure, Form 4. See 28 U. S. C. §1915 . The motion shall
state whether leave to proceed in forma pauperis was sought in
any other court and, if so, whether leave was granted. If the
United States district court or the United States court of
appeals has appointed counsel under the Criminal Justice Act, see
18 U. S. C. §3006A , or under any other applicable federal
statute, no affidavit or declaration is required, but the motion
shall cite the statute under which counsel was appointed.
2. If leave to proceed in forma pauperis is sought for the
purpose of filing a document, the motion, and affidavit or
declaration if required, shall be filed with that document and
shall comply in every respect with Rule 21 . As provided in that
rule, it suffices to file an original and 10 copies, unless the
party is an inmate confined in an institution and is not
represented by counsel, in which case the original, alone,
suffices. A copy of the motion shall precede and be attached to
each copy of the accompanying document.
3. Except when these Rules expressly provide that a document
shall be prepared as required by Rule 33.1, every document
presented by a party proceeding under this Rule shall be prepared
as required by Rule 33.2 (unless such preparation is impossible).
Every document shall be legible. While making due allowance for
any case presented under this Rule by a person appearing pro se,
the Clerk will not file any document if it does not comply with
the substance of these Rules or is jurisdictionally out of time.
4. When the documents required by paragraphs 1 and 2 of this Rule
are presented to the Clerk, accompanied by proof of service as
required by Rule 29, they will be placed on the docket without
the payment of a docket fee or any other fee.
5. The respondent or appellee in a case filed in forma pauperis
shall respond in the same manner and within the same time as in
any other case of the same nature, except that the filing of an
original and 10 copies of a response prepared as required by Rule
33.2, with proof of service as required by Rule 29, suffices. The
respondent or appellee may challenge the grounds for the motion
for leave to proceed in forma pauperis in a separate document or
in the response itself.
6. Whenever the Court appoints counsel for an indigent party in a
case set for oral argument, the briefs on the merits submitted by
that counsel, unless otherwise requested, shall be prepared under
the Clerk's supervision. The Clerk also will reimburse appointed
counsel for any necessary travel expenses to Washington, D. C.,
and return in connection with the argument.
7. In a case in which certiorari has been granted, probable
jurisdiction noted, or consideration of jurisdiction postponed,
this Court may appoint counsel to represent a party financially
unable to afford an attorney to the extent authorized by the
Criminal Justice Act of 1964, 18 U. S. C. §3006A, or by any
other applicable federal statute.
8. If satisfied that a petition for a writ of certiorari,
jurisdictional statement, or petition for an extraordinary writ
is frivolous or malicious, the Court may deny leave to proceed in
forma pauperis.