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PROPOSED REVISED



RULES

OF THE

SUPREME COURT OF THE UNITED STATES

MARCH 13, 1995




PROPOSED EFFECTIVE DATE: JULY 3, 1995







The Clerk's Comments that accompany these proposed revised Rules are not part of the
Rules.  They are furnished solely for the purpose of assisting readers in understanding
proposed changes.  Stylistic changes have been made throughout the proposed Rules
and are not explained in the Clerk's Comments. Comments concerning the proposed
revised Rules must be received by April 28, 1995.  Comments should be submitted to:

Clerk of the Court
Attn: Rules Committee
Supreme Court of the United States
Washington, DC 20543



SUPREME COURT OF THE UNITED STATES

1 First Street, N.E.,
Washington, D.C. 20543






Clerk of the Court202-479-3011
Reporter of Decisions202-479-3390
Marshal of the Court202-479-3333
Librarian202-479-3175
Telephone Operator202-479-3000





Mailing Address of the Solicitor General of the United States
(see Rule 29.4)
Room 5614
Department of Justice
10th and Constitution Avenue, N.W.
Washington, D.C.  20530
Rule 1. Clerk

1. The Clerk shall receive documents for filing with the Court, and has authority to reject
any requested filing that is not in compliance with these Rules.

2. The Clerk shall maintain the Court's records and shall 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with the Clerk and made a part of the Court's records may not thereafter be withdrawn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 the proceedings in this Court, any
original records and documents transmitted to this Court by any other court shall be
returned to the court from which they were received.

3. The office of the Clerk will be open, except on federal legal holidays, from 9 a.m. to
5 p.m., Monday through Friday, unless otherwise ordered by the Court or the Chief
Justice.  See 5 U. S. C. 6103 for a list of federal legal holidays.







CLERK'S COMMENTS

Rule 1.1 clarifies the Clerk's authority to return documents that do not comply with the
Rules.


Rule 2. Library

1. This 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 its 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 building, except by a Justice or a
member of a Justice's staff.






CLERK'S COMMENTS

Rule 2.2 reflects current practice.

Rule 3. Term

The Court will hold a continuous annual Term commencing on the first Monday in
October and ending the day before the first Monday in October of the following year.  See
28 U. S. C. 2.  At the end of each Term, all cases pending on the docket shall be
continued to the next Term.






CLERK'S COMMENTS

Language is added to clarify the length of a Term.

Rule 3.2 is deleted as unnecessary.
Rule 4. Sessions and Quorum

1. Open sessions of the Court will be held beginning at 10 a.m. on the first Monday in
October of each year, and thereafter as announced by the Court.  Unless otherwise
ordered, the Court will sit 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.  See 28 U.S.C. 1.  In the absence
of a quorum on any day appointed for holding a session of the Court, the Justices
attending, or if no Justice is present, the Clerk or a Deputy Clerk may announce that the
Court will not meet until there is a quorum.

3. The Court in appropriate circumstances may 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 shall 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
preceding the date of application; shall not have been the subject of any adverse
disciplinary action pronounced or in effect during that 3-year period; and shall 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 (both must be members of the
Bar of this Court who personally know, but are not related to, the applicant) 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.

3. If the documents submitted demonstrate that the applicant possesses the necessary
qualifications, has signed the oath or affirmation, and has paid the required fee, the Clerk
shall 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 take or subscribe to 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.

Rule 5. Admission to the Bar

5. The fee for admission to the Bar and a certificate under seal is $100, payable to the
U. S. Supreme Court.  The Marshal shall 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 under seal is $15, payable
to the U. S. Supreme Court.  The proceeds shall be maintained by the Marshal as
provided in paragraph 5 of this Rule.






CLERK'S COMMENTS

Rules 5.5 and 5.6 delete the word "Marshal."  Currently, some applicants erroneously mail
their applications to the Marshal, apparently because the check is made out to the
Marshal.

"$15" is substituted for "$10" in Rule 5.6.

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 who
is 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 will be allowed only on motion of the attorney 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 shall be accompanied by proof of
service as required by Rule 29.







CLERK'S COMMENTS

Rule 6.2 deletes the words "barrister, or advocate who is."

Rule 6.3 deletes the words "and distinctly" and "appropriate."
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 type of professional consultation or
assistance, 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, by way of any form of professional consultation or assistance,
in any case that was pending in this Court during the employee's tenure.






CLERK'S COMMENTS

Rule 7.1 is deleted as unnecessary.
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, an order shall be entered 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 upon the expiration of the
40 days if no response is made, the Court will enter an appropriate order.

2. The Court, 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, may take
any appropriate disciplinary action against any attorney who practices before it for
conduct unbecoming a member of the Bar or for failure to comply with these Rules or any
Rule of the Court.







CLERK'S COMMENTS

Rule 8.1 is changed to conform to current practice.

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 pursuant to Rule 5, but admission to the Bar
of this Court is not required for an attorney appointed under the Criminal Justice Act, see
18 U. S. C. 3006A(d)(6), 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 shall be 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.  If an attorney is to be substituted as counsel of record in a particular case,
a separate notice of appearance also shall be entered.






CLERK'S COMMENTS

Rule 9.1 includes a reference to the statute providing that Criminal Justice Act counsel
may appeal or petition for certiorari "without prepayment of fees and costs or security
therefor."  This language has been interpreted by the Court for at least two decades to
include the costs associated with being admitted to the Bar of the Court.  Similar
allowance is made for attorneys appointed under other federal statutes, such as 21
U.S.C. 848(q).

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 when there are compelling reasons therefor.
The following, while neither controlling nor fully measuring the Court's discretion, indicate
the character of reasons that will be considered:
A United States court of appeals has rendered a decision in conflict with the
decision of another United States court of appeals; or has decided a federal question
in a way that conflicts with 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 power of supervision;
A state court of last resort has decided a 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;
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
a federal question in a way that conflicts with applicable decisions of this Court.







CLERK'S COMMENTS

Rule 10.2 is deleted because there is no need to differentiate the United States Court of
Appeals for the Armed Forces (formerly the United States Court of Military Appeals).

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 given 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 settlement in this Court.  See 28 U. S. C.
2101(e).

Rule 12. Review on Certiorari; How Sought; Parties

1. Except as provided in paragraph 2 below, 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 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, along with
an original and 10 copies of the motion for leave to proceed in forma pauperis.  The
motion for leave to proceed in forma pauperis shall preface and be attached to the
petition for a writ of certiorari.  An inmate confined in an institution, who is proceeding in
forma pauperis and is not represented by counsel, need file only an original petition and
an attached motion for leave to proceed in forma pauperis.

3. Whether prepared pursuant to Rule 33.1 or Rule 33.2, the petition shall comply in all
respects with Rule 14 and be submitted with proof of service as required by Rule 29.  The
case then will be placed on the docket.  It is the duty of the petitioner 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.








CLERK'S COMMENTS

The reference in Rule 12.1 to petitioner's counsel being a member of the Bar is deleted.

Provisions for filing in forma pauperis are now included in Rule 12.2.  Rule 12.2 attempts
to alleviate the paper-handling burden placed on the Clerk's Office because of the
submission of in forma pauperis motions that are stapled separately from petitions for
certiorari.  The number of copies of the petition to be filed in in forma pauperis cases is
clarified.  The burden is put on counsel or the petitioner to provide copies of the petition
unless the petitioner is an inmate confined in an institution and is not represented by
counsel.

The last change to former Rule 12.1 (proposed Rule 12.3) reflects the change in Rule 15
making a brief in opposition due 30 days after the case is placed on the docket rather
than 30 days after receipt of the petition by respondent.

Rule 12. Review on Certiorari; How Sought; Parties

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 who is not
shown on the petition to have joined therein at the time the petition is filed with the Clerk
may not thereafter join in that petition.  When two or more cases 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 cases shall suffice.  A
petition for a writ of certiorari shall not be joined with any other pleading, except that any
motion for leave to proceed in forma pauperis shall be attached.

5. Not more than 30 days after a case has been placed on the docket, a respondent
wishing to file a cross-petition that would otherwise 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 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 materials already reproduced in the appendix to the opening petition need not be
reproduced again.  A cross-petitioning respondent shall pay the Rule 38 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 will then be
placed on the docket, subject, however, to the provisions of Rule 13.4.  It is the duty of
the cross-petitioner 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 may not be extended.






CLERK'S COMMENTS

Rule 12.4 (former Rule 12.2) emphasizes the requirement to attach the in forma pauperis
motion to the petition.

Rule 12.5 (former Rule 12.3) makes the due date for a cross-petition consistent with the
due date in Rule 15 for a brief in opposition.  As with Rule 15, this revision establishes
a known-to-all date certain for the filing of the cross-petition.  The term "conditional" was
added to reinforce the fact that a cross-petition will not be granted unless the original
petition is granted.

Rule 12. Review on Certiorari; How Sought; Parties

6. All parties to the proceeding in the court whose judgment is sought to be reviewed
shall be deemed parties 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 has 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 shall be respondents, but
any respondent who supports the position of a petitioner shall meet the petitioner's time
schedule for filing documents, except that such response supporting the petition shall be
filed within 20 days after placement of the case on the docket, and the time may not be
extended.

  7. The clerk of the court having possession of the record shall retain custody thereof
pending notification from the Clerk of this Court that the record is to be certified and
transmitted to this Court.  A party may cite the record in any document filed with this
Court even though the record has not yet been transmitted.  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 thereof, 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 otherwise requests.  The
record may consist of certified copies.  If the presiding judge of the lower court is of the
view that original documents of any kind should be seen by this Court, however, that
judge may provide by order for the transport, safekeeping, and return of such originals.







CLERK'S COMMENTS

Rule 12.6 was formerly Rule 12.4

Rule 12.7 (former Rule 12.5) answers affirmatively the frequently asked question whether
it is permissible to cite the record even though this Court does not have the record.

Rule 13. Review on Certiorari; Time for Petitioning

1. 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 is timely when
it is filed with the Clerk of this Court within 90 days after the entry of the judgment unless
otherwise provided by law.  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 the entry of the order
denying discretionary review.

2. The Clerk shall refuse to receive any petition for a writ of certiorari that is
jurisdictionally out of time.  See, e.g., 28 U. S. C. 2101(c).








CLERK'S COMMENTS

Rule 13.1 recognizes that Congress has passed, and may in the future pass, statutes
requiring a petition to be filed within a period other than 90 days. The citation to the
United States Court of Appeals for the Armed Forces is deleted as unnecessary.

Former Rule 13.2 has been added to former Rule 13.6 and moved to Rule 13.5 in order
to consolidate the information pertaining to extensions of time.

Rule 13.2 (former Rule 13.3) adds a reference to the statute that makes jurisdictional the
time to file a petition for a writ of certiorari in a civil case.

Rule 13. Review on Certiorari; Time for Petitioning

3. The time to file a petition for a writ of certiorari runs from the date the judgment or
decree sought to be reviewed is rendered, and not from the date of the issuance of the
mandate (or its equivalent under local practice).  However, 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.  A suggestion made
to a United States court of appeals for a rehearing in banc is not a petition for rehearing
within the meaning of this Rule unless so treated by the United States court of appeals.

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
cross-petition which, except for Rule 12.5, would be untimely, will not be granted unless
a timely petition for a writ of certiorari of another party to the case is granted.

5. A Justice, for good cause shown, 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 of jurisdiction in this Court, identify the judgment sought to be
reviewed, include a copy of the opinion and any order respecting rehearing, and set forth
specific reasons why an extension of time is justified.  The application must be received
at least 10 days before the final due date, except in extraordinary circumstances.  For the
time and manner of presenting the application, see Rules 21, 22, 30, and 33.2.  An
application to extend the time to file a petition for a writ of certiorari is not favored.




CLERK'S COMMENTS

Rule 13.3 (former Rule 13.4) deletes the words "in the case" from the second sentence
so that the Rule covers situations in which multiple cases involving like issues are
consolidated in the lower court and a single decision is rendered.  The second change
clarifies the meaning of "entry of a subsequent judgment."  Some litigants mistakenly
believe that the issuance of the certified judgment or mandate after the denial of a petition
for rehearing starts the time running.  The words added to the end of the last sentence
bring the Court's Rule into conformity with the practice of a majority of the United States
courts of appeals.

Rule 13.5 adds language to draw particular attention to the 10-day provision of Rule 30.2.
Rule 13.5 also adds a reference to Rule 33.2, which covers the format of papers filed on
8- x 11 inch paper.

Rule 14. Content of a Petition for a Writ of Certiorari

1. A petition for a writ of certiorari shall contain, in the order here indicated:

(a) The questions presented for review, expressed concisely in the terms and
circumstances of the case, without unnecessary detail.  If the petitioner seeks the
setting aside of a judgment affirming or reversing the conviction or sentence in a case
where the sentence of death has been imposed, the notation "capital case" shall
precede the questions presented.  The questions shall be set forth on the first page
following the cover, and no other information may appear on that page.  The
statement of any question presented will be deemed to comprise every subsidiary
question fairly included therein.  Only the questions set forth in the petition, or fairly
included therein, will be considered by the Court.

(b) On a separate page, immediately following the questions presented for review,
a list of all parties to the proceeding in the court whose judgment is sought to be
reviewed (unless the names of all parties appear in the caption of the case), and a
list of parent companies and nonwholly owned subsidiaries as required by Rule 29.6.

(c) A table of contents and a table of authorities, if the petition exceeds five pages.

(d) A reference to the official and unofficial reports of opinions delivered in the case
by other courts or administrative agencies.








CLERK'S COMMENTS

Rule 14.1(a) requires that capital cases be clearly identified.

Rule 14.1(b) establishes a specific location for the list of corporate affiliates.

Rule 14. Content of a Petition for a Writ of Certiorari

(e) A concise statement of the basis of jurisdiction in this Court, showing:

 (i) the date of the entry of the judgment or decree sought to be reviewed;
 (ii) the date of any order respecting rehearing, and the date and terms of any
order granting an extension of time to file the petition for a writ of certiorari;
 (iii) express reliance upon Rule 12.5, when a cross-petition for a writ of
certiorari is filed under that Rule, and the date of docketing of the petition for a
writ of certiorari in connection with which the cross-petition is filed;
 (iv) the statutory provision believed to confer on this Court jurisdiction to review
the judgment or decree in question by writ of certiorari; and
 (v) if applicable, a statement that the notifications required by Rule 29.4(b) or
(c) have been made.

(f) The constitutional provisions, treaties, statutes, ordinances, and regulations
involved in the case, set out verbatim with appropriate citation.  If the provisions
involved are lengthy, their citation alone shall suffice at this point, and their pertinent
text shall be set forth in the appendix referred to in subparagraph 1(i) of this Rule.

(g) A concise statement of the case setting forth the facts material to consideration
of the questions presented, and also containing the following:

(i) If review of a judgment of a state court is sought, specification of the stage
in the proceedings, both in the court of first instance and in the appellate courts,
when the federal questions sought to be reviewed were raised; the method or
manner of raising them and the way in which they were passed upon by those
courts; and such pertinent quotation of specific portions of the record or summary
thereof, with specific reference to the places in the record where the matter
appears (e.g., ruling on exception, portion of court's charge and exception
thereto, assignment of errors), as will show that the federal question was timely
and properly raised so as to give this Court jurisdiction to review the judgment
on a writ of certiorari.  When the portions of the record relied upon under this
subparagraph are voluminous, they shall be included in the appendix referred to
in subparagraph 1(i) of this Rule.
 (ii) If review of a judgment of a United States court of appeals is sought, the
basis for federal jurisdiction in the court of first instance.

CLERK'S COMMENTS

Rule 14.1(e)(iii) reflects the due date for a conditional cross-petition under Rule 12.3.
Rule 14.1(e)(v) requires that the Rule 29.4(b) or (c) recitations concerning the
constitutionality of a statute appear at a definite place.
Rule 14. Content of a Petition for a Writ of Certiorari

(h) A direct and concise argument amplifying the reasons relied on for allowance
of the writ. See Rule 10.
(i) An appendix containing, in the following order:

 (i) the opinions, orders, findings of fact, and conclusions of law, whether
written or orally given and transcribed, delivered upon the rendering of the
judgment or decree sought to be reviewed;
 (ii) any other opinions, orders, findings of fact, and conclusions of law rendered
in the case by courts or administrative agencies, and, if reference thereto is
necessary to ascertain the grounds of the judgment or decree, of those in
companion cases (each document shall include the caption showing the name
of the issuing court or agency, the title and number of the case, and the date of
entry);
 (iii) any order on rehearing, including the caption showing the name of the
issuing court, the title and number of the case, and the date of entry;
 (iv) the judgment sought to be reviewed if the date of its entry is different from
the date of the opinion or order required in sub-subparagraph (i) of this
subparagraph;
 (v) any other appended materials.

If the material required by subparagraphs 1(f), 1(g)(i), and 1(i) of this Rule is voluminous,
it may be presented in a separate volume or volumes with appropriate covers.

2. A petition for a writ of certiorari and the appendix thereto, whether in the same or a
separate volume, shall be prepared as required by Rule 33.

3. All contentions in support of a petition for a writ of certiorari shall be set forth in the
body of the petition, as provided in subparagraph 1(h) of this Rule.  No separate brief in
support of a petition for a writ of certiorari shall be filed, and the Clerk shall refuse to file
any petition for a writ of certiorari to which is annexed or appended any supporting brief.

4. A petition for a writ of certiorari should be stated in short and plain terms and may
not exceed the page limitations set out in Rule 33.





CLERK'S COMMENTS

The last sentence of former Rule 14.2 is now Rule 14.6.

Rule 14. Content of a Petition for a Writ of Certiorari

5. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is
essential to a ready and adequate understanding of the points requiring consideration is
sufficient reason to deny a petition.

6. If the Clerk determines that a petition submitted timely and in good faith is in a form
that does not comply with this Rule or with Rule 33, the Clerk shall return it with a letter
indicating the deficiency.  If a corrected petition is received no later than 60 days after the
date of such letter, its filing shall be deemed timely.







CLERK'S COMMENTS

Rule 14.6 is intended to bring an end to litigation where a defective petition is submitted
and returned for corrections but not promptly resubmitted.

Rule 15. Brief in Opposition; Reply Brief; Supplemental Brief

1. A brief in opposition to the petition for a writ of certiorari may be filed by the
respondent in any case, but is not mandatory except in a case denominated a capital
case under Rule 14.1 or when ordered by the Court.

2. A brief in opposition shall be concise and may not exceed the page limitations set out
in Rule 34.  In addition to other arguments for denying the petition, the brief in opposition
should address any perceived misstatements of fact or law in the petition that bear on
what issues properly would be before the Court if certiorari were granted.  Counsel are
admonished that they have an obligation to the Court to point out in the brief in
opposition, and not later, any perceived misstatements made in the petition.  Any
objection to consideration of the question presented based on what transpired in the
proceedings below, if such objection does not go to jurisdiction, may be deemed waived
unless called to the attention of the Court in the brief in opposition.









CLERK'S COMMENTS

Rule 15.1 codifies the long established unwritten requirement that the respondent must
respond to a petition for a writ of certiorari in a capital case and when the Court requests
a response.

Rule 15.2 contains the language previously found in Rules 15.1 and 15.3.
Rule 15. Brief in Opposition; Reply Brief; Supplemental Brief

3. A brief in opposition may be filed within 30 days after the case is placed on the
docket, unless such time is extended by the Court or a Justice or by the Clerk under Rule
30.4.  Forty copies shall be filed, except that respondents proceeding in forma pauperis
under Rule 39, including inmates of institutions, may file the number of copies required
for petitions by such persons under Rule 12.2, along with a motion for leave to proceed
in forma pauperis, which shall preface and be attached to each copy of the brief in
opposition.  If the petitioner is proceeding in forma pauperis, the respondent may file an
original and 10 copies of a brief in opposition prepared as required by Rule 33.2.
Whether prepared pursuant to Rule 33.1 or Rule 33.2, the brief in opposition shall comply
with the requirements of Rule 24 governing a respondent's brief, except that no summary
of the argument is required.  A brief in opposition shall not be joined with any other
pleading, except that any motion for leave to proceed in forma pauperis shall be attached.
The brief in opposition shall be served as required by Rule 29.




CLERK'S COMMENTS

Rule 15.3 (former Rule 15.2) establishes a known-to-all due date for a brief in opposition.
The provision making the brief due 30 days after receipt of a petition for writ of certiorari
by the respondent confuses respondents and amici curiae when a petition is returned for
corrections or when multiple respondents receive the petition on different dates.

The proposed method for calculating the due date for a brief in opposition should not
significantly alter the time a respondent has for filing the brief.  The date of receipt of the
petition by the respondent will often be the same as the date the case is placed on the
docket or within a few days of that date.  Under both the former Rule and the proposed
Rule, receipt of the petition for a writ of certiorari puts the respondent on notice that the
petitioner has attempted to file a petition, and it is not until the receipt of notification of
docketing that the respondent is informed that the case has been accepted for docketing.
If the respondent was not timely served with the petition, an extension of time to file the
brief in opposition may be granted.

Rule 15.3 reduces to 10 the number of copies of a brief in opposition in an in forma
pauperis case.

Rule 15.3 dispenses with the requirement that a summary of the argument be contained
in the brief in opposition.  (There is no similar provision for a petition for a writ of
certiorari.)

Rule 15. Brief in Opposition; Reply Brief; Supplemental Brief

4. No motion by a respondent to dismiss a petition for a writ of certiorari shall be filed.
Objections to the jurisdiction of the Court to grant a writ of certiorari may be included in
the brief in opposition.

5. Upon the filing of a brief in opposition, the expiration of the time allowed therefor, or
an express waiver of the right to file, the Clerk shall distribute the petition and brief in
opposition (if any) to the Court for its consideration.  If a cross-petition for a writ of
certiorari has been docketed, distribution of both petitions will be delayed until the filing
of a brief in opposition by the cross-respondent, the expiration of the time allowed
therefor, or an express waiver of the right to file with regard to the cross-petition.

6. A reply brief addressed to arguments first raised in the brief in opposition may be
filed by any petitioner, but distribution and consideration by the Court under paragraph
5 of this Rule will not be delayed pending its receipt.  Forty copies shall be filed, except
that petitioners proceeding in forma pauperis under Rule 39, including inmates of
institutions, may file the number of copies required for petitions by such persons under
Rule 12.2.  The reply brief shall be served as required by Rule 29.

7. Any party may file a supplemental brief at any time while a petition for a writ of
certiorari is pending, calling attention to new cases, new legislation, or other intervening
matter not available at the time of the party's last filing.  A supplemental brief shall be
restricted to new matter; shall follow, insofar as applicable, the form for a brief in
opposition prescribed by this Rule; and shall comply in all respects with Rule 33.  Forty
copies shall be filed, except that parties proceeding in forma pauperis under Rule 39,
including inmates of institutions, may file the number of copies required for petitions by
such persons under Rule 12.2.  The supplemental brief shall be served as required by
Rule 29.









CLERK'S COMMENTS

Rules 15.6 and 15.7 clarify the filing requirements for parties proceeding in forma
pauperis and parties who are inmates of institutions.
Rule 16. Disposition of a Petition for a Writ of Certiorari

1. After consideration of the documents distributed pursuant to Rule 15, the Court will
enter an appropriate order.  The order may be a summary disposition on the merits.

2. Whenever a petition for a writ of certiorari to review a decision of any court is
granted, the Clerk shall prepare, sign, and enter an order to that effect and shall notify
the court below and counsel of record forthwith.  The case will then be scheduled for
briefing and oral argument.  If the record has not previously been filed, the Clerk of this
Court shall request the clerk of the court having possession of the record to certify it and
transmit it to this Court.  A formal writ will not issue unless specially directed.

3. Whenever a petition for a writ of certiorari to review a decision of any court is denied,
the Clerk shall prepare, sign, and enter an order to that effect and shall notify the court
below and counsel of record forthwith.  The order of denial will not be suspended pending
disposition of a petition for rehearing except by order of the Court or a Justice.








CLERK'S COMMENTS

The words "prepare, sign, and" are added to Rules 16.2 and 16.3 to conform to practice.
Rule 17. Procedure in an Original Action

1. This Rule applies only to actions within the Court's original jurisdiction under Article
III of the Constitution of the United States.  See also 28 U. S. C. 1251 and the Eleventh
Amendment to the Constitution.  A petition for an extraordinary writ in aid of the Court's
appellate jurisdiction shall be filed in accordance with Rule 20.

2. The form of pleadings and motions prescribed by the Federal Rules of Civil
Procedure should be followed in an original action in this Court. In other respects those
Rules and the Federal Rules of Evidence may be taken as a guide to procedure in an
original action in this Court.

3. The initial pleadings in any original action shall be prefaced by a motion for leave to
file, and all documents shall be prepared as required by Rule 33.  A brief in support of
the motion for leave to file also may be filed with the initial pleadings.  Forty copies of
each document shall be filed, with proof of service 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
pleading are filed with the Clerk.  The Rule 38 docket fee shall be paid at that time.

5. Within 60 days after the receipt of the motion for leave to file and the pleading, an
adverse party may file, with proof of service as required by Rule 29, 40 copies of a brief
in opposition to the motion.  The brief shall be prepared as required by Rule 33.  Upon
the filing of a brief in opposition, the expiration of the time allowed therefor, or an express
waiver of the right to file, the Clerk shall distribute the filed documents to the Court for its
consideration.  A reply brief may be filed, but consideration of the case will not be delayed
pending its receipt. The Court thereafter may grant or deny the motion, set it down for
oral argument, direct that additional documents be filed, or require that other proceedings
be conducted.


CLERK'S COMMENTS

A reference to the Federal Rules of Evidence is added to Rule 17.2 because provisions
of the Federal Rules of Civil Procedure have been superseded by the Federal Rules of
Evidence.

The number of copies required in an original case is reduced to 40 in Rules 17.3 and
17.5.

Rule 17.5 allows for the filing of a reply brief by the plaintiff, which conforms to practice.
Rule 17. Procedure in an Original Action

6. A summons issuing out of this Court in an original action shall be served on the
defendant 60 days before the return day set out therein.  If the defendant does not
respond by the return day, the plaintiff may proceed ex parte.

7. Process against a State issuing out of this Court in an original action shall be served
on both the Governor and the attorney general of that State.
Rule 18. Appeal from a United States District Court

1. A direct appeal from a decision of a United States district court, when authorized by
law, is commenced by filing a notice of appeal within the time provided by law with the
clerk of the district court after entry of the judgment sought to be reviewed.  The time to
file may not be extended.  The notice of appeal shall specify the parties taking the appeal,
designate the judgment, or part thereof, appealed from and the date of its entry, and
specify the statute or statutes under which the appeal is taken.  A copy of the notice of
appeal shall be served on all parties to the proceeding as required by Rule 29, and proof
of service shall be filed in the district court with the notice of appeal.

2. All parties to the proceeding in the district court shall be deemed parties in this Court,
but a party having no interest in the outcome of the appeal may so notify the Clerk of this
Court and shall serve a copy of the notice on all other parties.  Parties interested jointly,
severally, or otherwise in the judgment may appeal separately; or any two or more may
join in an appeal.  When two or more judgments involving identical or closely related
questions are sought to be reviewed on appeal from the same court, a notice of appeal
for each judgment shall be filed with the clerk of the district court, but a single
jurisdictional statement covering all the cases shall suffice.









CLERK'S COMMENTS

Rule 18.1 is changed to conform to 28 U. S. C. 2101(a) and (b).  Replacing the
language with "provided by law" avoids any potential problem should Congress enact any
statute conferring special appeals on the Court.

The addition to Rule 18.2 allows for the filing of a single jurisdictional statement covering
multiple judgments entered by the same court involving identical or related cases. See
Rule 10.6 of the 1980 Rules.

Rule 18. Appeal From a United States District Court

3. Not more than 60 days after filing the notice of appeal in the district court, the
appellant shall file 40 copies of a jurisdictional statement prepared as required by Rule
33.1 and shall pay the docket fee prescribed by Rule 38, except that appellants
proceeding in forma pauperis under Rule 39, including inmates of institutions, may file the
number of copies required for petitions by such persons under Rule 12.2, along with a
motion to proceed in forma pauperis, which shall preface and be attached to the
jurisdictional statement.  The jurisdictional statement shall follow, insofar as applicable,
the form for a petition for a writ of certiorari prescribed by Rule 14, and shall be served
as required by Rule 29.  The appendix shall include a copy of the notice of appeal
showing the date it was filed in the district court.  The jurisdictional statement and the
appendices thereto shall be prepared as required by Rule 33.  A Justice, for good cause
shown, may extend the time to file a jurisdictional statement for a period not exceeding
60 days.  An application to extend the time to file a jurisdictional statement shall set out
the basis of jurisdiction in this Court, identify the judgment sought to be reviewed, include
a copy of the opinion, any order respecting rehearing, and the notice of appeal, and set
forth specific reasons why an extension of time is justified.  For the time and manner of
presenting the application, see Rules 21, 22, and 30.  An application to extend the time
to file a jurisdictional statement is not favored.

4. Not more than 30 days after a case has been placed on the docket, an appellee
wishing to file a cross-appeal that would otherwise be untimely shall file, with proof of
service as required by Rule 29, a jurisdictional statement which shall comply in all
respects (including number of copies filed) with Rule 18.3, except that materials already
reproduced in the appendix to the opening jurisdictional statement need not be
reproduced again.  A cross-appealing appellee shall pay the Rule 38 docket fee or submit
a motion for leave to proceed in forma pauperis.  The cover of the cross-appeal shall
indicate clearly that it is a conditional cross-appeal.  The cross-appeal will then be placed
on the docket.  It is the duty of the cross-appellant to notify all cross-appellees promptly,
on a form supplied by the Clerk, of the date of filing, the date the cross-appeal was
placed on the docket, and the docket number of the cross-appeal.  The notice shall be
served as required by Rule 29.  A cross-appeal 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-appeal may not be extended.

CLERK'S COMMENTS

Rule 18.3 clarifies the number of copies required for parties filing in forma pauperis.

Rule 18.4 reinstates the procedure for docketing cross-appeals that was contained in Rule
12.4 of the 1980 Rules.

Rules 18.3 and 18.4 clarify the filing requirements for parties proceeding in forma
pauperis.
Rule 18. Appeal from a United States District Court

5. After a notice of appeal has been filed, but before the case is docketed in this Court,
the parties may dismiss the appeal by stipulation filed in the district court, or the district
court may dismiss the appeal on the motion of the appellant and notice to all parties.  If
a notice of appeal has been filed, but the case has not been docketed in this Court within
the time prescribed for docketing or any extension thereof, the district court may dismiss
the appeal on the motion of the appellee and notice to all parties and may make any just
order with respect to costs.  If the district court has denied appellee's motion to dismiss
the appeal, the appellee may move this Court to docket and dismiss the appeal by filing
an original and 10 copies of such motion in conformity with Rules 21 and 33.2.  Such
motion shall be accompanied by a certificate from the clerk of the district court,
establishing the filing of notice of and denial of appellee's motion to dismiss, and by proof
of service as required by Rule 29.  The appellant may not thereafter file a jurisdictional
statement without special leave of the Court, and the Court may allow costs against the
appellant.

6. Within 30 days after the case is docketed in this Court, the appellee may file a motion
to dismiss, to affirm, or in the alternative to affirm or dismiss.  Forty copies of such motion
shall be filed, except that appellees proceeding in forma pauperis under Rule 39,
including inmates of institutions, may file the number of copies required for petitions by
such persons under Rule 12.2, along with a motion to proceed in forma pauperis, which
shall preface and be attached to the motion to dismiss, to affirm, or in the alternative to
affirm or dismiss. The motion shall follow, insofar as applicable, the form for a brief in
opposition prescribed by Rule 15, and shall comply in all respects with Rules 21 and 33.







CLERK'S COMMENTS

Rule 18.5 elaborates upon the practice of filing a "motion to docket and dismiss an
appeal" as it appeared in Rule 14.3 of the 1980 Rules.

Rule 18.6 directs counsel as to what should be contained in a motion to dismiss or affirm
and what format to use.  Language is added to clarify the filing requirements for parties
proceeding in forma pauperis and parties confined in an institution.
Rule 18. Appeal From a United States District Court

7. Upon the filing of the motion, the expiration of the time allowed therefor, or an
express waiver of the right to file, the Clerk shall distribute the jurisdictional statement and
motion (if any) to the Court for its consideration.  If a cross-appeal has been docketed,
distribution of both jurisdictional statements will be delayed until the filing of a Rule 18.6
motion, the expiration of the time allowed therefor, or an express waiver of the right to file
with regard to the cross-appeal.

8. A brief opposing a motion to dismiss or affirm may be filed by any appellant, but
distribution and consideration by the Court under paragraph 7 of this Rule will not be
delayed pending its receipt.  Forty copies shall be filed, prepared as required by Rule
33.1, except that appellants proceeding in forma pauperis under Rule 39, including
inmates of institutions, may file the number of copies required for petitions by such
persons under Rule 12.2.  The brief shall be served as required by Rule 29.

9. Any party may file a supplemental brief at any time while a jurisdictional statement
is pending, calling attention to new cases, new legislation, or other intervening matter not
available at the time of the party's last filing.  A supplemental brief shall be restricted to
new matter; shall follow, insofar as applicable, the form for a brief in opposition prescribed
by Rule 15; and shall comply in all respects with Rule 33.  Forty copies shall be filed,
except that parties proceeding in forma pauperis under Rule 39, including inmates of
institutions, may file the number of copies required for petitions by such persons under
Rule 12.2.  The supplemental brief shall be served as required by Rule 29.

10. The clerk of the district court shall retain possession of the record pending
notification from the Clerk of this Court that the record is to be certified and transmitted.
See Rule 12.7.







CLERK'S COMMENTS

Rule 18.7 deals with distribution of a case when a cross-appeal is docketed.

Rule 18.9 now contains the same language found in Rule 15.7.

Rule 18.10 was formerly Rule 18.4.
Rule 18. Appeal from a United States District Court

11. After consideration of the documents distributed under this Rule, the Court may
dispose summarily of the appeal on the merits, note probable jurisdiction, or postpone
further consideration of jurisdiction to the hearing of the case on the merits.  If not
disposed of summarily, the case shall stand for briefing and oral argument on the merits.
If consideration of jurisdiction is postponed, counsel, at the outset of their briefs and at
oral argument, shall address the question of jurisdiction.  If the record has not previously
been filed, the Clerk of this Court shall request the clerk of the court in possession of the
record to certify and transmit it to this Court.

12. If the Clerk determines that a jurisdictional statement submitted timely and in good
faith is in a form that does not comply with this Rule or with Rule 33, the Clerk shall
return it with a letter indicting the deficiency.  If a corrected jurisdictional statement is
received no later than 60 days after the date of such letter, its filing shall be deemed
timely.







CLERK'S COMMENTS

Rule 18.11 reflects the current practice of the Clerk's Office when the Court notes
probable jurisdiction or postpones further consideration of jurisdiction.

Rule 18.12 parallels Rule 14.6.

Rule 19. Procedure on a Certified Question

1. A United States court of appeals may certify to this Court a question or proposition
of law on which it seeks instruction for the proper decision of a case.  The certificate
submitted shall contain a statement of the nature of the case and the facts on which the
question or proposition of law arises.  Only questions or propositions of law may be
certified, and they shall be distinct and definite.  The certificate shall be prepared as
required by Rule 33.2 and shall be signed by the clerk of the court of appeals.

2. When a question is certified by a United States court of appeals, this Court, on
application or on its own motion, may consider and decide the entire matter in
controversy.  See 28 U. S. C. 1254(2).

3. When a question is certified, the Clerk shall notify the parties and docket the case.
Counsel shall then enter their appearances.  After docketing, the Clerk shall submit the
certificate to the Court for a preliminary examination to determine whether the case
should be briefed, set for argument, or dismissed.  No brief may be filed until the
preliminary examination of the certificate is completed.

4. If the Court orders that the case be briefed or set for argument, the parties shall be
notified and permitted to file briefs.  The Clerk of this Court shall then request the clerk
of the court in possession of the record to certify it and transmit it to this Court.  Any
portion of the record to which the parties wish to direct the Court's particular attention
should be printed in a joint appendix prepared in conformity with Rule 26 by the appellant
in the court of appeals, but the fact that any part of the record has not been printed shall
not prevent the parties or the Court from relying on it.

5. A brief on the merits in a case on certificate shall comply with Rules 24, 25, and 33,
except that the brief for the party who is the appellant below shall be filed within 45 days
of the order requiring briefs or setting the case for argument.








CLERK'S COMMENTS

Rule 19.1 conforms to the practice of the Court with respect to certified questions.

Rule 20. Procedure on a Petition for an Extraordinary Writ

1. The issuance by the Court of an extraordinary writ authorized by 28 U. S. C.
1651(a) is not a matter of right, but of discretion sparingly exercised.  To justify the
granting of any such writ, it must be shown that the writ will be in aid of the Court's
appellate jurisdiction, that there are exceptional circumstances warranting the exercise
of the Court's discretionary powers, and that adequate relief cannot be obtained in any
other form or from any other court.

2. The petition in any proceeding seeking the issuance by this Court of a writ authorized
by 28 U. S. C. 1651(a), 2241, or 2254(a) shall be prepared in all respects as required
by Rule 33.  The petition shall be captioned "In re [name of petitioner]" and shall follow,
insofar as applicable, the form of a petition for a writ of certiorari prescribed by Rule 14.
All contentions in support of the petition shall be included in the petition.  The case shall
be placed on the docket when 40 copies, prepared as required by Rule 33.1, are filed
with the Clerk and the docket fee is paid, except that petitioners proceeding in forma
pauperis under Rule 39, including inmates of institutions, may file the number of copies
required for petitions by such persons under Rule 12.2.  The petition shall be served as
required by Rule 29 (subject to subparagraph 4(b) of this Rule).

3. (a) A petition seeking the issuance of a writ of prohibition, a writ of mandamus, or
both in the alternative shall state the name and office or function of every person against
whom relief is sought and shall set forth with particularity why the relief sought is not
available in any other court.  There shall be appended to the petition a copy of the
judgment or order in respect of which the writ is sought, including a copy of any opinion
rendered in that connection, and any other document essential to understanding the
petition.

(b) The petition shall be served on every party to the proceeding in respect of which
relief is sought.  Within 30 days after the petition is placed on the docket, the parties may
file 40 copies of a brief or briefs in opposition thereto, which shall comply fully with Rule
15.  If the parties named as respondents do not wish to respond to the petition, they may
so advise the Clerk and all parties by letter.  All persons served shall be deemed
respondents for all purposes in the proceedings in this Court.




CLERK'S COMMENTS

Rule 20.2 clarifies the filing procedures for petitioners proceeding in forma pauperis as
well as those who are inmates of institutions.

Rule 20.3(b) reflects the change to the calculation of time for the due date of a brief in
opposition.
Rule 20. Procedure on a Petition for an Extraordinary Writ

4. (a) A petition seeking the issuance of a writ of habeas corpus shall comply with the
requirements of 28 U. S. C. 2241 and 2242, and in particular with the provision in the
last paragraph of 2242, which requires a statement of the "reasons for not making
application to the district court of the district in which the applicant is held."  If the relief
sought is from the judgment of a state court, the petition shall set forth specifically how
and where the petitioner has exhausted available remedies in the state courts or
otherwise comes within the provisions of 28 U. S. C. 2254(b).  To justify the granting of
a writ of habeas corpus, the petitioner must show exceptional circumstances warranting
the exercise of the Court's discretionary powers and must show that adequate relief
cannot be obtained in any other form or from any other court.  This writ is rarely granted.

(b) Habeas corpus proceedings will be ex parte, unless the Court requires the
respondent to show cause why the petition for a writ of habeas corpus should not be
granted.  A response, if ordered, shall comply fully with Rule 15.  Neither the denial of the
petition, without more, nor an order of transfer to a district court under the authority of 28
U. S. C. 2241(b) is an adjudication on the merits, and therefore does not preclude
further application to another court for the relief sought.

5. When a brief in opposition under subparagraph 3(b) of this Rule has been filed, when
a response under subparagraph 4(b) has been ordered and filed, when the time to file
has expired, or when the right to file has been expressly waived, the Clerk shall distribute
the documents to the Court for its consideration.

6. If the Court orders the case set for argument, the Clerk shall notify the parties
whether additional briefs are required, when they shall be filed, and, if the case involves
a petition for a common law writ of certiorari, that the parties shall prepare a joint
appendix pursuant to Rule 26.

Rule 21. Motions to the Court

1. Every motion to the Court shall clearly state its purpose 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.  For
an application addressed to a single Justice, see Rule 22.

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 mootness), a motion for leave to
file a brief as amicus curiae, and any motion the granting of which would be dispositive
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 prepared as required by Rule 33.1.  Forty copies of such motion shall be filed,
except that a party proceeding in forma pauperis under Rule 39, including inmates of
institutions, may file the number of copies required for petitions by such persons under
Rule 12.2, along with a motion for leave to proceed in forma pauperis which shall preface
and be attached to each copy of the motion.  The motion shall be served as required by
Rule 29.

(c) Any other motion to the Court may be prepared as required by Rule 33.2; parties
shall file an original and 10 copies of any such motion.  The Court subsequently may
order the motion to be prepared by the moving party as required by Rule 33.1; parties
shall file 40 copies of any such motion.





CLERK'S COMMENTS

Rule 21.1 deletes the words "except for a motion to dismiss or affirm under [former] Rule
18."  These words caused confusion because former Rule 18 stated that motions
concerning jurisdictional statements should comply with Rule 21, yet the language in
former Rule 21 excepted Rule 18.

Rule 21.2(b) deletes the first eight words for the reason stated above.  Language is
added to Rule 21.2(b) to clarify the filing requirements for parties proceeding in forma
pauperis and inmates of institutions.
Rule 21. Motions to the Court

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 shall be presented in open court, other than
a motion for admission to the Bar, except when the proceeding to which it refers is being
argued.  Oral argument will not be permitted on any motion unless the Court so directs.

4. Any response to a motion shall be made as promptly as possible considering the
nature of the relief asked and any asserted need for emergency action, and, in any event,
within 10 days of receipt, unless otherwise ordered by the Court or a Justice or by the
Clerk pursuant to Rule 30.4.  A response to a motion prepared as required by Rule 33.1
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 having authority to grant the
requested relief shall be filed with the Clerk, who shall promptly transmit it to the Justice
concerned.

2. The original and two copies of any application addressed to an individual Justice shall
be prepared as required by Rule 33.2, and shall be accompanied by proof of service on
all parties as required by Rule 29.

3. The Clerk in due course shall advise all counsel concerned, by appropriately speedy
means, of the disposition made of an application.

4. 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
addressed to that Justice shall 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.

5. A Justice denying an application will note the denial thereon.  Thereafter, unless
action thereon is restricted by law to the Circuit Justice or is out of time 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 has been without prejudice, a renewed application is not favored.  A
renewed application may be made by sending a letter to the Clerk of the Court
designating the Justice to whom the application is to be directed, together with 10 copies
of the original application and proof of service as required by Rule 29.

  6. A Justice to whom an application for a stay or for bail is submitted may refer it to the
Court for determination.







CLERK'S COMMENTS

Rule 22.1 clarifies the Clerk's authority to refuse to file an application when an individual
Justice does not have the authority to grant the relief.  The word "submitted" is changed
to "filed" to conform to current practice.

Rule 22.5 clarifies the procedure and number of copies required when filing a renewed
application.
Rule 23. Stays

1. A stay may be granted by a Justice as permitted by law.

2. A petitioner entitled thereto may present to a Justice an application to stay the
enforcement of the judgment sought to be reviewed on writ of certiorari.  See 28 U. S. C.
2101(f).

3. An application for a stay shall set forth 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 has first been
sought in the appropriate court or courts below or from a judge or judges thereof.  An
application for a stay shall identify the judgment sought to be reviewed 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 forth specific reasons
why a stay is justified.  The form and content of an application for a stay are governed
by Rules 22 and 33.2.

  4. The 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 shall 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 secured or satisfied, together with costs, interest, and damages.







CLERK'S COMMENTS

A reference to Rule 33.2 is added to Rule 23.3.

Rule 24. Brief on the Merits; In General

1. A brief for a petitioner or an appellant on the merits shall comply in all respects with
Rules 33.1 and 33.3 and shall contain in the order here indicated:

(a) The questions presented for review under Rule 14.  The phrasing of the
questions presented need not be identical with that in the petition for a writ of
certiorari or the jurisdictional statement, but the brief may not raise additional
questions or change the substance of the questions already presented in those
documents.  At its option, however, the Court may consider a plain error not among
the questions presented but evident from the record and otherwise within its
jurisdiction to decide.

(b) A list of all parties to the proceeding in the court whose judgment is under
review, unless the caption of the case in this Court contains the names of all parties.
Any amended listing of parent companies and nonwholly owned subsidiaries as
required by Rule 29.6 shall be placed here.

(c) A table of contents and a table of authorities if the brief exceeds five pages.

(d) Citations of the opinions and judgments delivered in the courts below.

(e) A concise statement of the grounds on which the jurisdiction of this Court is
invoked, with citation of the statutory provision and of the time factors upon which
jurisdiction rests.

(f) The constitutional provisions, treaties, statutes, ordinances, and regulations
involved in the case, set out verbatim with appropriate citation.  If the provisions
involved are lengthy, their citation alone shall suffice at this point, and their pertinent
text, if not already set forth in the petition for a writ of certiorari, jurisdictional
statement, or an appendix to either document, shall be set forth in an appendix to the
brief.

(g) A concise statement of the case setting forth the facts material to the
consideration of the questions presented, with appropriate references to the joint
appendix, e.g., (App. 12), or to the record, e.g., (Record 12).

(h) A summary of the argument, suitably paragraphed, which should be a clear and
concise condensation of the argument made in the body of the brief.  Mere repetition
of the headings under which the argument is arranged is not sufficient.

(i) The argument, exhibiting clearly the points of fact and of law presented and
citing the authorities and statutes relied upon.

(j) A conclusion specifying with particularity the relief the party seeks.

Rule 24. Brief on the Merits; In General

2. The brief filed by a respondent or an appellee shall conform to the foregoing
requirements, except that no statement of the case need be made beyond what may be
necessary to correct any inaccuracy or omission in the statement by the other side.
Items required by subparagraphs 1(a), (b), (d), (e), and (f) of this Rule need not be
included unless the respondent or appellee is dissatisfied with their presentation by the
other side.

3. A brief on the merits may not exceed the page limitations set out in Rule 34.  An
appendix to a brief shall be limited to relevant material, and counsel are cautioned not to
include in an appendix arguments or citations that properly belong in the body of the brief.


4. A reply brief shall conform to those portions of this Rule applicable to the brief for a
respondent or an appellee, but, if appropriately divided by topical headings, need not
contain a summary of the argument.

5. A reference to the joint appendix or to the record set forth in any brief shall indicate
the appropriate page number.  If the reference is to an exhibit, the page numbers at
which the exhibit appears, at which it was offered in evidence, and at which it was ruled
on by the judge shall be indicated, e.g., (Pl. Exh. 14; Record 199, 2134).

6. A brief shall be compact, logically arranged with proper headings, concise, and free
of burdensome, irrelevant, immaterial, and scandalous matter.  A brief not complying with
this paragraph may be disregarded or stricken by the Court.

Rule 25. Brief on the Merits; Time for Filing

1. Forty copies of the brief on the merits for the petitioner or appellant shall be filed with
the Clerk within 45 days of the order granting the writ of certiorari or of the order noting
probable jurisdiction or postponing consideration of jurisdiction.

2. Forty copies of the brief on the merits for the respondent or appellee shall be filed
with the Clerk within 30 days after the receipt of the brief filed by the petitioner or
appellant.

3. Forty copies of the reply brief, if any, shall be filed within 30 days after receipt of the
brief for the respondent or appellee, or must be received by the Clerk not later than one
week before the date of oral argument, whichever is earlier.

4. The time periods stated in paragraphs 1 and 2 of this Rule may be extended as
provided in Rule 30.  An application to extend the time to file a brief on the merits is not
favored.  If a case is advanced for hearing, the time for filing briefs on the merits may be
abridged as circumstances require pursuant to an order of the Court on its own motion
or a party's application.

5. A party wishing to present late authorities, newly enacted legislation, or other
intervening matter that was not available in time to be included in a brief may file 40
copies of a supplemental brief, restricted to new matter and otherwise presented in
conformity with these Rules, up to the time the case is called for oral argument or by
leave of the Court thereafter.

6. No brief shall be filed by the Clerk after a case has been argued or submitted, except
from a party and upon leave of the Court.

7. No brief shall be filed by the Clerk unless it is accompanied by proof of service as
required by Rule 29.







CLERK'S COMMENTS

Rule 25.4 is intended to discourage unwarranted requests for extensions of time.
Rule 26. Joint Appendix

1. Unless the parties agree to use the deferred method described in paragraph 4 of this
Rule, or the Court so directs, the petitioner or appellant, within 45 days after the entry of
the order granting the writ of certiorari, noting probable jurisdiction, or postponing
consideration of jurisdiction, shall file 40 copies of a joint appendix, prepared as required
by Rule 33.1.  The joint appendix shall contain:  (1) the relevant docket entries in all the
courts below; (2) any relevant pleadings, jury instructions, findings, conclusions, or
opinions; (3) the judgment, order, or decision under review; and (4) any other parts of the
record that the parties particularly wish to bring to the Court's attention.  Any of the
foregoing items already reproduced in a petition for a writ of certiorari, jurisdictional
statement, brief in opposition to a petition for a writ of certiorari, motion to dismiss or
affirm, or any appendix to the foregoing prepared as required by Rule 33.1, need not be
reproduced in the joint appendix.  The petitioner or appellant shall serve three copies of
the joint appendix on each of the other parties to the proceeding as required by Rule 29.

2. The parties are encouraged to agree to the contents of the joint appendix.  In the
absence of agreement, the petitioner or appellant, not later than 10 days after entry of the
order granting the writ of certiorari, noting probable jurisdiction, or postponing
consideration of jurisdiction, shall serve on the respondent or appellee a designation of
parts of the record to be included in the joint appendix.  A respondent or appellee who
considers the parts of the record so designated insufficient, within 10 days after receipt
of the designation shall serve upon the petitioner or appellant a designation of additional
parts to be included in the joint appendix, and the petitioner or appellant shall include the
parts so designated.  If the respondent or appellee has been permitted by this Court to
proceed in forma pauperis, the petitioner or appellant may seek by motion to be excused
from printing portions of the record the petitioner or appellant considers unnecessary. In
making these designations, counsel should include only those materials the Court should
examine; unnecessary designations should be avoided.  The record is on file with the
Clerk and available to the Justices.  Counsel may refer in their briefs and in oral argument
to relevant portions of the record not included in the joint appendix.

3. When the joint appendix is filed, the petitioner or appellant shall immediately file with
the Clerk a statement of the cost of printing 50 copies and shall serve a copy of the
statement on each of the other parties as required by Rule 29.  Unless the parties
otherwise agree, the cost of producing the joint appendix shall be paid initially by the
petitioner or appellant; but a petitioner or appellant who considers that parts of the record
designated by the respondent or appellee are unnecessary for the determination of the
issues presented may so advise the respondent or appellee, who then shall advance the
cost of printing the additional parts, unless the Court or a Justice otherwise fixes the initial
allocation of the costs. The cost of printing the joint appendix shall be taxed as costs in
the case, but if a party unnecessarily causes matter to be included in the joint appendix
or prints excessive copies, the Court may impose these costs on that party.
Rule 26. Joint Appendix

4. (a) Upon notice to the Clerk, if the parties agree or if the Court so orders, preparation
of the joint appendix may be deferred until after the briefs have been filed.  In that event,
the petitioner or appellant shall file the joint appendix within 14 days after receipt of the
brief for the respondent or appellee.  The provisions of paragraphs 1, 2, and 3 of this
Rule shall be followed, except that the designations referred to therein shall be made by
each party when that party's brief is served.  Deferral of the joint appendix is not favored.

(b) If the deferred method is used, the briefs on the merits may make reference to the
pages of the record.  In that event, the joint appendix shall also include in brackets on
each page thereof the page number of the record where that material may be found.  A
party wishing to refer directly to the pages of the joint appendix may serve and file copies
of its brief on 8- by 11 inch paper as required by Rule 33.2 within the time provided by
Rule 25, with appropriate references to the pages of the record.  In that event, within 10
days after the joint appendix is filed, copies of the brief prepared as required by Rule 33.1
containing references to the pages of the joint appendix in place of, or in addition to, the
initial references to the pages of the record, shall be served and filed.  No other change
may be made in the brief as initially served and filed, except that typographical errors may
be corrected.

5. The joint appendix shall be prefaced by a table of contents showing the parts of the
record that it contains, in the order in which the parts are set out therein, with references
to the pages of the joint appendix at which each part begins.  The relevant docket entries
shall be set out following the table of contents.  Thereafter, the other parts of the record
shall be set out in chronological order.  When testimony contained in the reporter's
transcript of proceedings is set out in the joint appendix, the page of the transcript at
which the testimony appears shall be indicated in brackets immediately before the
statement that is set out.  Omissions in the transcript or in any other document printed
in the joint appendix shall be indicated by asterisks.  Immaterial formal matters (captions,
subscriptions, acknowledgments, etc.) should be omitted.  A question and its answer may
be contained in a single paragraph.






CLERK'S COMMENTS

Rule 26.4 reflects the Court's view on deferral of the joint appendix.  The Clerk
discourages use of the deferred appendix except in the most unusual cases because it
delays the work of the Court.

Rule 26. The Joint Appendix

6. Exhibits designated for inclusion in the joint appendix may be contained in a separate
volume or volumes suitably indexed.  The transcript of a proceeding before an
administrative agency, board, commission, or officer used in an action in a district court
or court of appeals shall be regarded as an exhibit for the purposes of this paragraph.

7. The Court by order may dispense with the requirement of a joint appendix and may
permit a case to be heard on the original record (with such copies of the record, or
relevant parts thereof, as the Court may require) or on the appendix used in the court
below, if it conforms to the requirements of this Rule.

8. For good cause shown, the time limits specified in this Rule may be shortened or
enlarged by the Court or a Justice, or by the Clerk pursuant to Rule 30.4.

Rule 27. The Calendar

1. The Clerk from time to time shall prepare a calendar of cases ready for argument.
A case ordinarily will not be called for argument less than two weeks after the brief for
the respondent or appellee is due.

2. The Clerk shall advise counsel when they are required to appear for oral argument
and shall publish a hearing list in advance of each argument session for the convenience
of counsel and the information of the public.

3. On the Court's own motion, or on motion of one or more parties, the Court may order
that two or more cases involving the same or related questions be argued together as
one case or on such other terms as may be prescribed.

Rule 28. Oral Argument

1. Oral argument should emphasize and clarify the written arguments in the briefs on
the merits.  Counsel should assume that all Justices have read the briefs in advance of
oral argument.  The Court disfavors oral argument read from a prepared text.

2. The petitioner or appellant shall open and may conclude the argument.  A cross-writ
of certiorari or cross-appeal will be argued with the initial writ of certiorari or appeal as
one case in the time allowed for that one case, and the Court will advise the parties who
shall open and close.

3. Unless otherwise directed, one-half hour on each side is allowed for argument.
Counsel is not required to use all the allotted time.  A request for additional time to argue
shall be presented by motion under Rule 21 not later than 15 days after service of the
petitioner's or appellant's brief on the merits and shall set forth specifically and concisely
why the case cannot be presented within the half-hour limitation.  Additional time is rarely
accorded.

  4. Only one attorney will be heard for each side, except by leave of Court upon motion
filed not later than 15 days after service of the brief for the party supported.  The request
shall be presented by motion under Rule 21 and shall set forth specifically and concisely
why more than one attorney should argue.  Divided argument is not favored.








CLERK'S COMMENTS

The words "service of the petitioner's or appellant's brief on the merits" in former Rule
28.4 are replaced with the words "service of the brief of the party supported."  A
respondent is handicapped by the former requirement to request divided argument 15
days after service of the petitioner's or appellant's brief on the merits.  For example, a
petitioner has the opportunity to read the Solicitor General's amicus brief supporting the
petitioner before deciding whether to consent to the Solicitor General's motion for divided
argument.  Under the former rule, however, respondent had to decide whether to consent
to divided argument prior to filing of the Solicitor General's amicus brief supporting the
respondent.

Rule 28. Oral Argument

5. Regardless of the number of counsel participating, counsel making the opening
argument shall present the case fairly and completely and not reserve points of substance
for rebuttal.

6. Oral argument will not be allowed on behalf of any party for whom a brief has not
been filed.

7. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus
curiae whose brief has been filed pursuant to Rule 37 may argue orally on the side of a
party, with the consent of that party.  In the absence of consent, counsel for an amicus
curiae may argue orally only by leave of the Court on a motion particularly setting forth
why oral argument would provide assistance to the Court not otherwise available.  The
motion will be granted only in the most extraordinary circumstances.

Rule 29. Filing and Service of Documents; Special Notifications; Corporate Listing

1. Any document required or permitted to be presented to this Court or to a Justice shall
be filed with the Clerk.

2. To be timely filed, a document must actually be received by the Clerk within the time
specified for filing; or be sent to the Clerk through the United States Postal Service by not
less than first-class mail, postage prepaid, and bear a postmark showing that the
document was mailed on or before the last day for filing (commercial postage meter
labels alone are not acceptable); or, if filed by an inmate confined in an institution, be
deposited in the institution's internal mail system on or before the last day for filing and
be accompanied by a notarized statement or declaration in compliance with 28 U. S. C.
1746 setting forth the date of deposit and stating that first-class postage has been
prepaid.  If the postmark is missing or not legible, the Clerk shall require the person who
mailed the document to submit a notarized statement or declaration in compliance with
28 U. S. C. 1746 setting forth the details of the mailing and stating that the mailing took
place on a particular date within the permitted time.  A document forwarded through a
private delivery or courier service must actually be received by the Clerk within the time
permitted for filing.

3. Any document required by these Rules to be served may be served personally or by
mail on each party to the proceeding at or before the time of filing.  If the document has
been prepared as required by Rule 33.1, three copies shall be served on each other party
separately represented in the proceeding.  If the document has been prepared as
required by Rule 33.2, service of a single copy on each other party separately
represented shall suffice.  If personal service is made, it shall consist of delivery at the
office of counsel of record, either to counsel or to an employee therein.  If service is by
mail, it shall consist of depositing the document with the United States Postal Service,
with not less than first-class postage prepaid, addressed to counsel of record at the
proper post office address.  When a party is not represented by counsel, service shall be
made upon the party, personally or by mail.







CLERK'S COMMENTS

Clarifying language is added to eliminate current confusion over what types of mail
service are contemplated under former Rule 29.2.  The rule inserts a prohibition against
the use of commercial postage meter labels that can be set for any date.

Rule 29. Filing and Service of Documents; Special Notifications; Corporate Listing

4. (a) If the United States or any department, office, agency, officer, or employee thereof
is a party to be served, service shall be made upon the Solicitor General of the United
States, Room 5614, Department of Justice, 10th and Constitution Ave., N.W.,
Washington, D.C. 20530.  When an agency of the United States is authorized by law to
appear on its own behalf as a party, or when an officer or employee of the United States
is a party, the agency, officer, or employee shall be served in addition to the Solicitor
General.

(b) In any proceeding in this Court wherein the constitutionality of an Act of Congress
is drawn into question, and neither the United States nor any department, office, agency,
officer, or employee thereof is a party, the initial document filed in this Court shall recite
that 28 U. S. C. 2403(a) may be applicable and shall be served on the Solicitor General
of the United States, Room 5614, Department of Justice, 10th and Constitution Ave.,
N.W., Washington, D.C. 20530.  In a proceeding from any court of the United States, as
defined by 28 U. S. C. 451, the initial document also shall state whether that court,
pursuant to 28 U. S. C. 2403(a), certified to the Attorney General the fact that the
constitutionality of an Act of Congress was drawn into question.  See Rule 14.1(e)(v).

  (c) In any proceeding in this Court wherein the constitutionality of any statute of a State
is drawn into question, and neither the State nor any agency, officer, or employee thereof
is a party, the initial document filed in this Court shall recite that 28 U. S. C. 2403(b)
may be applicable and shall be served upon the attorney general of that State.  In a
proceeding from any court of the United States, as defined by 28 U. S. C. 451, the initial
document also shall state whether that court, pursuant to 28 U. S. C. 2403(b), certified
to the state attorney general the fact that the constitutionality of a statute of that State
was drawn into question.  See Rule 14.1(e)(v).







CLERK'S COMMENTS

Language referring to the date of receipt as controlling response time is deleted from Rule
29.4(a) for consistency with Rules 15.2 and 18.6.
Rule 29. Filing and Service of Documents; Special Notifications; Corporate Listing

5. Proof of service, when required by these Rules, shall accompany the document when
it is presented to the Clerk for filing and shall be separate from it.  Proof of service shall
contain, or be accompanied by, a statement that all parties required to be served have
been served, together with a list of the names, addresses, and telephone numbers of
counsel indicating the name of the party or parties each counsel represents.  It is not
necessary that service on each party required to be served be made in the same manner
or evidenced by the same proof.  Proof of service may consist of any one of the following:

(a) an acknowledgment of service of the document in question, signed by counsel
of record for the party served;

(b) a certificate of service of the document in question, reciting the facts and
circumstances of service in compliance with the appropriate paragraph or paragraphs
of this Rule, and signed by a member of the Bar of this Court representing the party
on whose behalf service is made or by an attorney appointed to represent that party
under the Criminal Justice Act, see 18 U. S. C. 3006A(d)(6), or under any other
applicable federal statute; or

(c) a notarized affidavit or declaration in compliance with 28 U. S. C. 1746, reciting
the facts and circumstances of service in accordance with the appropriate paragraph
or paragraphs of this Rule, whenever service is made by any person not a member
of the Bar of this Court.

6. Every document, except a joint appendix or brief amicus curiae, filed by or on behalf
of one or more corporations shall list all parent companies and subsidiaries (except wholly
owned subsidiaries) of each of the corporate filers.  If there is no parent or subsidiary
company to be listed, a notation to this effect shall be included in the document.  If a list
has been included in a document filed earlier in the particular case, reference may be
made to the earlier document (except when the earlier list appeared in an application for
an extension of time or for a stay), and only amendments to the listing to make it current
need be included in the document being filed.





CLERK'S COMMENTS

The requirement for a corporate listing found in former Rule 29.1 is now in Rule 29.6.
Changes include language clarifying when reference may be made to a previous
document containing the list.
Rule 30. Computation and Extension of Time

1. In computing any period of time prescribed or allowed by these Rules, by order of the
Court, or by an applicable statute, the day of the act, event, or default from which the
designated period begins to run shall not be included.  The last day of the period shall
be included, unless it is a Saturday, Sunday, federal legal holiday, or day on which the
Court building is closed by order of the Court or the Chief Justice, in which event the
period shall extend until the end of the next day that is not a Saturday, Sunday, federal
legal holiday, or day on which the Court building is closed.  See 5 U. S. C. 6103 for a
list of federal legal holidays.

2. Whenever a Justice or the Clerk is empowered by law or these Rules to extend the
time to file any document, an application seeking an extension shall be filed within the
period sought to be extended.  However, an application to extend the time to file a
petition for a writ of certiorari or to docket an appeal must be received at least 10 days
before the specified final filing date as computed under these Rules; if received less than
10 days before the final filing date, such application will not be granted except in the most
extraordinary circumstances.








CLERK'S COMMENTS

In Rule 30.2 the word "filed" is substituted for the word "presented" to clarify that under
Rule 29.2 a document may be filed upon mailing.  The word "received" is substituted for
the word "submitted" in the second sentence of Rule 29.2.  The language "as computed
under these Rules" is added to clarify the date to be used when computing the date on
which the request for an extension is due.  For example, when the 90th day is a Sunday,
the final filing date as computed under these Rules is Monday.  Therefore, the 10 days
should be computed from Monday.  Likewise, if the 10th day before the final filing date
is a Saturday, Sunday, federal legal holiday, etc., the applicant will satisfy the 10-day
provision by ensuring that the Clerk's Office receives the application on the next business
day.

Rule 30. Computation and Extension of Time

3. An application to extend the time to file a petition for a writ of certiorari, to docket an
appeal, to file a reply brief on the merits, or to file a petition for rehearing is an application
to an individual Justice that shall be presented and served upon all other parties as
provided by Rule 22.  Once denied, such an application may not be renewed.  An
application to extend the time to file a petition for a writ of certiorari or to docket an
appeal shall be presented in the form required by Rules 13.5, 18.3, and 22.

4. An application to extend the time to file any document or paper other than those
specified in Rule 30.3 may be presented in the form of a letter to the Clerk setting forth
specific reasons why an extension of time is justified.  The letter shall be served upon all
other parties as required by Rule 29.  The application may be acted upon by the Clerk
in the first instance.  Any party aggrieved by the Clerk's action on an application to extend
time may request that it be submitted to a Justice or to the Court.  The Clerk shall report
action under this paragraph to the Court in accordance with instructions the Court may
issue.






CLERK'S COMMENTS

Rules 30.3 and 30.4 are redrafted to address separately applications presented to the
Circuit Justice (Rule 30.3) and applications that may be acted upon by the Clerk in the
first instance (Rule 30.4).  Reference to an application to issue a mandate forthwith is
deleted because it is not an extension application and it is already provided for in Rule
45.2.
Rule 31. Translations

 Whenever any record to be transmitted to this Court contains any material written in a
foreign language without a translation made under the authority of the lower court, or
admitted to be correct, the clerk of the court transmitting the record shall immediately
advise the Clerk of this Court so that this Court may order that a translation be supplied
and, if necessary, printed as a part of the joint appendix.

Rule 32. Models, Diagrams, and Exhibits

 1. Models, diagrams, and exhibits of material forming part of the evidence taken in a
case and brought to this Court for its inspection shall be placed in the custody of the
Clerk at least two weeks before the case is to be heard or submitted.

 2. All models, diagrams, and exhibits of material placed in the custody of the Clerk shall
be removed by the parties within 40 days after the case is decided.  If this is not done,
the Clerk shall notify counsel to remove the articles forthwith.  If they are not removed
within a reasonable time thereafter, the Clerk will destroy them or make any other
appropriate disposition of them.

Rule 33. Document Preparation

 1. Booklet Format: (a) Except for documents permitted by Rules 21, 22, and 39 to be
submitted on 8- by 11 inch paper, every document filed with the Court shall be prepared
using professional typesetting (e.g., wordprocessing or commercial printing) and
reproduced by offset printing, photocopying, or similar process.  The process used must
produce a clear, black image on white paper.

 (b) The text of every document, including any appendix thereto, except a document
produced on 8- by 11 inch paper, shall appear in print as standard 11-point or larger
type with 2-point or more leading between lines.  The print size and typeface shall be no
smaller than that contained in the United States Reports from Volume 453 to date.  Print
size and typeface should be standard throughout.  No attempt should be made to reduce,
compress, or condense the typeface in a manner that would increase the content of a
document.  Quotations in excess of three lines shall be indented.  Footnotes shall appear
in print as standard 9-point or larger type with 2-point or more leading between lines.  The
document must be prepared on both sides of the page.








                               CLERK'S COMMENTS

The language governing printing requirements is revised to conform to current practice.
The term "professional typesetting" encompasses typesetting, computer generation of
documents, and hot lead printing.  Documents produced on a typewriter will not be
accepted except as provided for under Rule 33.2.

The word "compress" was added to Rule 33.1(b) to prevent attempts to squeeze
additional characters on a line.  The addition concerning quotations conforms to practice.

Rule 33. Document Preparation

 (c) Every document, except one produced on 8- by 11 inch paper, shall be produced
on paper that is opaque, unglazed 6 1/8 by 9- inches in size, and not less than 60 lb.
weight, and shall have margins of at least three-fourths of an inch on all sides. The text
field, including footnotes, should be approximately 4 1/8 by 7 1/8 inches. The document
shall be bound firmly in at least two places along the left margin (saddle stitch or perfect
binding preferred) so as to make an easily opened volume, and no part of the text should
be obscured by the binding.  Spiral, plastic, metal, and string bindings may not be used.
Copies of patent documents, except opinions, may be duplicated in such size as is
necessary in a separate appendix.

  (d) Every document, except one produced on 8- by 11 inch paper, shall comply with
the page limits shown on the chart in Rule 34.  The page limits do not include the
questions presented page, the listing of parties and corporate affiliates of the filing party,
the subject index, the table of authorities, and the appendix.  Verbatim quotations required
under Rule 14.1(f), if set forth in the text of a brief rather than the appendix, are also
excluded.  The Court or a Justice, for good cause shown, may grant leave to file a
document in excess of the page limits, but application for such leave is not favored.  An
application to exceed page limits shall comply with Rule 22 and must be received by the
Clerk at least 15 days before the filing date of the document in question, except in the
most extraordinary circumstances.








                               CLERK'S COMMENTS

Rule 33.1(c) specifies paper weight and forbids the use of plastic, metal, and string
bindings.  The change in the sentence concerning patent documents conforms to present
practice.

Rule 33.1(d) is a combination of the former Rules 33.3 and 33.4.  The page limits apply
only to documents printed under Rule 33.1, not under Rule 33.2.

The word "submitted" in former Rule 33.4 is changed to "received" in Rule 33.1(d) to
conform to the change in Rule 30.2.
Rule 33. Document Preparation

 (e) Every document, except one produced on 8- by 11 inch paper, shall have a
suitable cover consisting of 65 lb. weight paper in the color indicated on the chart in Rule
34.  The Clerk shall furnish a color chart upon request.  Counsel must ensure that there
is adequate contrast between the printing and the color of the cover.  A document filed
by the United States, or by any other federal party represented by the Solicitor General,
shall have a gray cover.  A joint appendix, answer to a bill of complaint, motion for leave
to intervene, and any other document not listed in Rule 34 shall have a tan cover.

 (f) Forty copies of a document prepared under this Rule shall be filed.

 (g) The chart in Rule 34 shows the page limits and cover color for documents filed
under this paragraph.  If a separate appendix is filed, the color of the cover shall be the
same as the cover of the document it supports.








                               CLERK'S COMMENTS

Rule 33.1(e) is similar to former Rule 33.3.  The additions to Rule 33.1(e) were made to
conform to custom.

Rule 33.1(e) was originally found in former Rule 33.1(a) and was moved to make the Rule
read in a more orderly fashion.

Rule 33.1(g) was inserted to introduce the chart and make it clear that it applies only to
Rule 33.1.  The second sentence clarifies the practice of the Clerk's Office.  The additions
to the chart conform to custom and clarify matters concerning original jurisdiction briefs.

Rule 33. Document Preparation

 2. 8- x 11 Inch Paper Format: (a) The text of every document, including any appendix
thereto, expressly permitted by these Rules to be presented to the Court on 8- x 11 inch
paper shall appear double spaced, except for indented quotations, which shall be single
spaced, on opaque, unglazed, white paper, and shall be stapled or bound at the upper
left-hand corner.  Copies, if required, shall be produced on the same type of paper.  All
copies presented to the Court must be legible.  The original of any such document
(except a motion to dismiss or affirm under Rule 18.6) shall be signed in manuscript by
the party proceeding pro se or by counsel of record who must be a member of the Bar
of this Court.  Rule 34 does not apply to documents prepared under this paragraph.  An
attorney appointed under the Criminal Justice Act, see 18 U. S. C. 3006A(d)(6), or under
any other applicable federal statute, to represent a party proceeding in forma pauperis
may file documents without being admitted to practice before this Court.  Rule 34 does
not apply to documents prepared under this paragraph.

 (b) Page limits for documents presented on 8- x 11 inch paper are: 40 pages for a
petition for a writ of certiorari, jurisdictional statement, petition for an extraordinary writ,
brief in opposition, or motion to dismiss or affirm; and 15 pages for a reply to a brief in
opposition, brief opposing a motion to dismiss or affirm, supplemental brief, or petition for
rehearing.  The page exclusions set out in Rule 33.1(d) apply.








                               CLERK'S COMMENTS

Rule 33.2 (former Rule 34) governs the preparation requirements for all documents which
the Court does not require to be prepared in booklet form (e.g., applications and in forma
pauperis petitions).  The Court does not require Criminal Justice Act attorneys to pay the
Bar admission fee.

Rule 33.2(b) is added to impose page limitations on documents filed on 8- X 11 inch
paper.

Rule 33. Document Preparation

 3. General Requirements: Every document, whether prepared under paragraph 1 or 2
of this Rule, shall comply with the following provisions:

     (a) Each document shall bear on its cover, in the following order, from the top of
   the page:

   (i) the docket number of the case or, if there is none, a space for one;
   (ii) the name of this Court;
   (iii) the October Term in which the document is filed (see Rule 3.1);
   (iv) the caption of the case as appropriate in this Court;
       (v) the nature of the proceeding and the name of the court from which the action
     is brought (e.g., "On Petition for Writ of Certiorari to the United States Court of
     Appeals for the Fifth Circuit"; or, for a merits brief, "On Writ of Certiorari to the
     United States Court of Appeals for the Fifth Circuit");
       (vi) the title of the document (e.g., "Petition for Writ of Certiorari," "Brief for
     Respondent," "Joint Appendix");
       (vii) the name of counsel of record for the party concerned (who must be a
     member of the Bar of this Court except as provided in paragraph 2 of this Rule),
     and upon whom service is to be made, with a notation directly thereunder that the
     attorney is the counsel of record together with counsel's office address and
     telephone number.

There may be only one counsel of record noted on a single document.  The individual
names of other members of the Bar of this Court, or of the bar of the highest court of a
State, and, if desired, their post office addresses, may be added, but counsel of record
shall be clearly identified.  Names of persons other than attorneys admitted to a state bar
may not be listed, unless the party is appearing pro se, in which case the party's name,
address, and telephone number shall appear.  The foregoing shall be displayed in an
appropriate typographic manner and, except for the identification of counsel, may not be
set in type smaller than standard 11-point, if the document is prepared as required by
Rule 33.1.





                               CLERK'S COMMENTS

Rule 33.3 contains requirements for all documents filed with the Court regardless of the
printing format.

Rule 33.3(a) (former Rule 33.2) clarifies the Term notation requirement and requires that
a pro se petitioner's name, address, and telephone number be included on the cover.
Rule 33. Document Preparation

 (b) Every document exceeding five pages (other than a joint appendix), whether
prepared under paragraph 1 or 2 of this Rule, shall contain a table of contents and a table
of authorities (i.e., cases alphabetically arranged, constitutional provisions, statutes,
treatises, etc.) with references to the pages in the document where they are cited.

 (c) The body of every document shall bear at its close the name of counsel of record
and such other counsel, identified on the cover of the document in conformity with
paragraph 3(a)(vii) of this Rule, as may be desired.









                               CLERK'S COMMENTS

Rule 33.3(b) is the same as former Rule 33.5.

Rule 33.3(c) is similar to former Rule 33.6.

Rule 34. Preparation of Booklet-Format Documents

   Type of Document  Page Limits   Color of Cover
i. Petition for a Writ of Certiorari           30           White
   (Rule 14.4); Motion for Leave to file
   a Bill of Complaint and Brief in Support
   (Rule 17.3); Jurisdictional Statement
   (Rule 18.3); Petition for an
   Extraordinary Writ (Rule 20.2)

ii.Brief in Opposition (Rule 15.3);            30           Orange
   Brief in Opposition to Motion for
   Leave to file an Original Action
   (Rule 17.5); Motion to Dismiss or
   Affirm (Rule 18.6); Brief in Opposition
   to Mandamus or Prohibition (Rule 20.3(b));
   Response to a Petition for Habeas Corpus
   (Rule 20.4)

iii.Reply to Brief in Opposition               10           Tan
   (Rules 15.6 and 17.5); Brief Opposing a
   Motion to Dismiss or Affirm (Rule 18.8)

iv.Supplemental Brief                          10           Tan
   (Rules 15.7, 18.9, and 25.5)

v. Brief on the Merits by Petitioner           50           Light Blue
   or Appellant (Rule 24.3); Exceptions
   to Report of Special Master by Plaintiff
   (Rule 17.5)

vi.Brief on the Merits by Respondent           50           Light Red
   or Appellee (Rule 24.3); Brief on
   the Merits by Respondent or Appellee
   Supporting Petitioner or Appellant;
   Exceptions to Report of Special Master
   by Party Other than Plaintiff (Rule 17.5)

vii.Reply Brief on the Merits (Rule 24.4)      20           Yellow

viii. Reply to Plaintiff's Exceptions to Report     50      Orange
   of Special Master (Rule 17.5)

ix.Reply to Exceptions to Report of Special     50          Yellow
   Master by Parties Other than Plaintiffs.

x.  Brief for an Amicus Curiae at the              20       Cream
   Petition Stage (Rule 37.2)

xi.Brief for an Amicus Curiae on the Merits, or      30     Light  Green
   in an Original Action at the Exceptions Stage
   in Support of the Plaintiff, Petitioner, or Appellant, or
   in Support of Neither Party (Rule 37.3)

xii.Brief for an Amicus Curiae on the Merits     30         Dark Green
   or in an Original Action at the Exceptions
   Stage in Support of the Defendant, Respondent, or
   Appellee (Rule 37.3)

xiii. Petition for Rehearing (Rule 44)         10           Tan

Rule 35. Death, Substitution, and Revivor; Public Officers

 1. In the event a party dies after filing a petition for a writ of certiorari to this Court, or
after filing a notice of appeal, the authorized representative of the deceased party may
appear and, on motion, be substituted as a party.  If the representative does not
voluntarily become a party, any other party may suggest the death on the record and, on
motion, seek an order requiring the representative to become a party within a designated
time.  If the representative then fails to become a party, the party so moving, if a
respondent or appellee, shall be entitled to have the petition for a writ of certiorari or the
appeal dismissed.  A party so moving who is a petitioner or appellant shall be entitled to
proceed as in any other case of nonappearance by a respondent or appellee.  The
substitution of a representative of the deceased shall be made within six months after the
death of the party, or the case shall abate.

 2. Whenever a case cannot be revived in the court whose judgment is sought to be
reviewed because the deceased party has no authorized representative within the
jurisdiction of that court, but does have an authorized representative elsewhere,
proceedings will be conducted as this Court may direct.

 3. When a public officer who is a party to a proceeding in this Court in an official
capacity dies, resigns, or otherwise ceases to hold office, the action does not abate and
any successor in office is automatically substituted as a party.  The parties shall notify the
Clerk in writing of any such successions.  Proceedings following the substitution shall be
in the name of the substituted party, but any misnomer not affecting substantial rights of
the parties will be disregarded.

 4. A public officer who is a party to a proceeding in this Court in an official capacity may
be described as a party by the officer's official title rather than by name, but the Court
may require the name to be added.







                               CLERK'S COMMENTS

Rule 35.3 requires parties to notify the Clerk of any successions.

Rule 36. Custody of Prisoners in Habeas Corpus Proceedings

 1. Pending review in this Court of a decision in a habeas corpus proceeding
commenced before a court, Justice, or judge of the United States, the person having
custody of the prisoner shall not transfer custody to another person unless the transfer
is authorized under this Rule.

 2. Upon application by a custodian showing a need therefor, the court, Justice, or judge
who rendered the decision under review may authorize transfer and the substitution of
a successor custodian as a party.

 3. (a) Pending review of a decision failing or refusing to release a prisoner, the prisoner
may be detained in the custody from which release is sought or in other appropriate
custody or may be enlarged upon personal recognizance or bail, as may appear fitting
to the court, Justice, or judge who rendered the decision, or to the court of appeals, this
Court, or a judge or Justice of either court.

 (b) Pending review of a decision ordering release, the prisoner shall be enlarged upon
personal recognizance or bail, unless the court, Justice, or judge who rendered the
decision, or the court of appeals, this Court, or a judge or Justice of either court, orders
otherwise.

 4. An initial order respecting the custody or enlargement of the prisoner, and any
recognizance or surety taken, shall continue in effect pending review in the court of
appeals and in this Court unless for reasons shown to the court of appeals, this Court,
or a judge or Justice of either court, the order is modified or an independent order
respecting custody, enlargement, or surety is entered.



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. An amicus curiae brief submitted prior to the 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, accompanied by the written consent of all parties, may be filed only
if submitted within the time allowed for filing a brief in opposition to the petition for a writ
of certiorari or for filing a motion to dismiss or affirm.  The brief shall specify that consent
was granted, and its cover shall identify the party supported.  A motion for leave to file
an amicus curiae brief when consent has been withheld is not favored.  Any such motion
shall be filed within the time allowed for the filing of the amicus curiae brief, indicate the
party or parties who have refused consent, state the nature of the movant's interest, and
be prepared as required by Rule 33.1 as one document with the brief sought to be filed.

 3. An amicus curiae brief in a case before the Court for oral argument may be filed
when accompanied by the written consent of all parties and presented 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 brief shall specify that
consent was granted and its cover shall identify the party supported or indicate whether
it suggests affirmance or reversal.  No reply brief for an amicus curiae, and no brief for
an amicus curiae in support of or in opposition to a petition for rehearing shall be filed.

 4. An amicus curiae brief submitted in support of or in opposition to an application
addressed to an individual Justice shall be submitted to the Clerk.







                               CLERK'S COMMENTS

Rule 37.2 requires notation of the interest of the amicus at the petition stage and
conforms to practice.

Rule 37.3 conforms to the practice of the Court.

Rule 37.4 provides guidance on how amicus curiae briefs are to be processed.

Rule 37. Brief for an Amicus Curiae

 5. When consent to the filing of an amicus curiae brief in a case before the Court for
oral argument is withheld by a party to the case, a motion for leave to file indicating the
party or parties who have withheld consent (accompanied by the proposed brief and
prepared as required by Rule 33.1 as one document), may be presented to the Court.
Such a motion shall not be filed unless submitted within the time allowed for the filing of
an amicus curiae brief on written consent.  The cover of such an amicus curiae brief shall
identify the party supported or indicate whether it supports affirmance or reversal.

  6. Consent to the filing of a brief for an amicus curiae is not necessary when the brief
is presented on behalf of the United States by the Solicitor General; on behalf of any
agency of the United States authorized by law to appear on its own behalf 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.

  7. A brief or motion filed under this Rule shall comply with the applicable provisions of
Rules 21, 24, and 33 (except that it is sufficient to set forth in the brief the interest of the
amicus curiae, the summary of the argument, the argument, and the conclusion) and shall
be accompanied by proof of service as required by Rule 29.  The motion for leave to file
may not exceed five pages and shall be filed with the brief as one document.  A party
served with the motion may file an objection thereto, concisely stating the reasons for
withholding consent, which shall be prepared as required by Rule 33.1.








                               CLERK'S COMMENTS

The term "political subdivision" was removed from Rule 37.6 and replaced with language
that clarifies the meaning of the Rule.

The term "argument" follows the "summary of the argument" in Rule 37.7.  The
requirements for a motion are added.

Rule 38. Fees

 Under 28 U. S. C. 1911, the fees to be charged by the Clerk are:

     (a) For docketing a case on a petition for a writ of certiorari or on appeal or for
   docketing any other proceeding, except a certified question or a motion to docket and
   dismiss an appeal under Rule 18.5, $300.

     (b) For filing a petition for rehearing or a motion for leave to file a petition for
   rehearing, $200.

     (c) For the reproduction and certification of any record or paper, $1 per page; and
   for comparing with the original thereof any photographic reproduction of any record
   or paper, when furnished by the person requesting its certification, $.50 per page.

     (d) For a certificate bearing the seal of this Court, $10.

     (e) For a check paid to the Court, Clerk, or Marshal that is returned for lack of
   funds, $35.







                               CLERK'S COMMENTS

"$10" is substituted for "$25" in Rule 38(d).
Rule 39. Proceedings In Forma Pauperis

 1. A party seeking to proceed in forma pauperis shall file a motion for leave to proceed
in forma pauperis, 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 in compliance with
28 U. S. C. 1746 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 therein, it shall be sufficient 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 shall suffice.  The motion for
leave to proceed in forma pauperis shall preface and be attached to any accompanying
substantive document.








                               CLERK'S COMMENTS

Rule 39.2 allows, at later stages of the proceeding, a motion for leave to proceed in forma
pauperis that is not accompanied by a substantive document.

Rule 39.2 places the burden of providing copies on the attorney or the non-inmate pro
se petitioner and is consistent with Rule 12.

Rule 39.2 attempts to alleviate the paper-handling burden placed on the Clerk's Office
because of the submission of in forma pauperis motions that are stapled separately from
petitions for certiorari.

Rule 39. Proceedings In Forma Pauperis

  3. Every document presented under this Rule must be legible and, whenever possible,
shall be prepared as required by Rule 33.2.  While making due allowance for any case
presented under this Rule by a person appearing pro se, the Clerk shall refuse to receive
any document sought to be filed that does not comply with the substance of these Rules
or that appears to be 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 shall 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, shall suffice.  The respondent or
appellee may challenge the grounds for the motion 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 submitted by that counsel, unless otherwise requested, shall be
prepared under the supervision of the Clerk.  The Clerk shall also 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, see 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.






                               CLERK'S COMMENTS

Rule 39.5 replaces the term "may" with "shall" to ensure all the documents in a case are
in the same format.  Rule 39.5 also makes the original and 10 copies the standard for
documents submitted on 8- x 11 inch paper.
Rule 40. Veterans, Seamen, and Military Cases

  1. A veteran suing to establish reemployment rights under 38 U. S. C. 2022, or under
any other provision of law exempting veterans from the payment of fees or court costs,
may file a motion to proceed on papers prepared as required by Rule 33.2, except that
the motion shall ask leave to proceed as a veteran and the affidavit shall set forth the
moving party's veteran status. The motion shall preface and be attached to the petition
for a writ of certiorari or other substantive document filed by the veteran.

  2. A seaman suing under 28 U. S. C. 1916 may proceed without prepayment of fees
or costs or furnishing security therefor, but a seaman is not entitled to proceed under
Rule 33.2, except as authorized by the Court on separate motion under Rule 39.
  3. An accused person petitioning for a writ of certiorari to review a decision of the United
States Court of Appeals for the Armed Forces under 28 U. S. C. 1259 may proceed
without prepayment of fees or costs or furnishing security therefor and without filing an
affidavit of indigency, but is not entitled to proceed under Rule 33.2, except as authorized
by the Court on separate motion under Rule 39.









                               CLERK'S COMMENTS

The changes bring the Rule into conformity with Rule 33.

The change in the name of the United States Court of Military Appeals is reflected in Rule
40.3.

Rule 41. Opinions of the Court

 Opinions of the Court shall be released by the Clerk immediately upon their
announcement from the bench, or as otherwise directed by the Court.  Thereafter, the
Clerk shall cause the opinions to be issued in slip form, and the Reporter of Decisions
shall prepare them for publication in the preliminary prints and bound volumes of the
United States Reports.

Rule 42. Interest and Damages

 1. If a judgment for money in a civil case is affirmed, whatever interest is allowed by law
shall be payable from the date the judgment reviewed was entered.  If a judgment is
modified or reversed with a direction that a judgment for money be entered below, the
mandate will contain instructions with respect to the allowance of interest.  Interest in
cases arising in state courts shall be allowed at the same rate that similar judgments bear
interest in the courts of the State where judgment is directed to be entered.  Interest in
cases arising in a court of the United States shall be allowed at the interest rate
authorized by law.

  2. When a petition for a writ of certiorari, an appeal, or an application for other relief is
frivolous, the Court may award the respondent or appellee just damages and single or
double costs.  Damages or costs may be awarded against the petitioner, appellant, or
applicant, against the party's attorney, or against both.







                               CLERK'S COMMENTS

A sentence is added to conform Rule 42.1 to the requirements of federal law.  See,  e.g.,
28 U. S. C. 1961, 2411, 2516, 2674, and 2718.  This will allow the Court to distinguish
between cases arising in a state court and those arising in a federal court.


Rule 43. Costs

  1. If a judgment or decree is affirmed by this Court, costs shall be paid by the petitioner
or appellant unless otherwise ordered by the Court.

  2. If a judgment or decree is reversed or vacated by this Court, costs shall be allowed
to the petitioner or appellant unless otherwise ordered by the Court.

  3. The fees of the Clerk and the cost of printing the joint appendix are the only taxable
items in this Court.  The cost of the transcript of the record from the court below is also
a taxable item, but shall be taxable in that court as costs in the case.  The expenses of
printing briefs, motions, petitions, or jurisdictional statements are not taxable.

  4. In a case involving a certified question, costs shall be equally divided unless
otherwise ordered by the Court; but if a decision is rendered on the whole matter in
controversy, see Rule 19.2, costs shall be allowed as provided in paragraphs 1 and 2 of
this Rule.

  5. In a civil action commenced on or after July 18, 1966, costs under this Rule shall be
allowed for or against the United States or an officer or agent thereof, unless expressly
waived, or otherwise ordered by the Court.  See 28 U. S. C. 2412.

  6. When costs are allowed in this Court, the Clerk shall insert an itemization of the costs
in the body of the mandate or judgment sent to the court below.  The prevailing side may
not submit a bill of costs.

  7. In extraordinary circumstances the Court may adjudge double costs.

Rule 44. Rehearing

  1. A petition for the rehearing of any judgment or decision of the Court on the merits
shall be filed within 25 days after the entry of the judgment or decision, unless the time
is shortened or extended by the Court or a Justice.  The petitioner shall file 40 copies of
the petition as required by Rule 33.1, and shall pay the filing fee prescribed by Rule 38,
except that petitioners proceeding in forma pauperis under Rule 39, including inmates of
institutions, may file the number of copies required for petitions by such persons under
Rule 12.2.  The petition shall be served as required by Rule 29.  The petition shall state
its grounds briefly and distinctly and shall be accompanied by certification of counsel (or
of a party unrepresented by counsel) that it is presented in good faith and not for delay;
one copy of the certificate shall bear the manuscript signature of counsel (or of a party
unrepresented by counsel).  A petition for rehearing is not subject to oral argument and
will not be granted except at the instance of a Justice who concurred in the judgment or
decision and with the concurrence of a majority of the Court.

  2. A petition for the rehearing of an order denying a petition for a writ of certiorari or
extraordinary writ shall be filed within 25 days after the date of the order of denial and
shall comply with all the form and filing requirements of paragraph 1 of this Rule,
including the payment of the filing fee if required, but its grounds shall be limited to
intervening circumstances of a substantial or controlling effect or to other substantial
grounds not previously presented.  The petition shall be accompanied by certification of
counsel (or of a party unrepresented by counsel) that it is restricted to the grounds
specified in this paragraph and that it is presented in good faith and not for delay; one
copy of the certificate shall bear the manuscript signature of counsel (or of a party
unrepresented by counsel).  A petition without a certificate shall not be filed by the Clerk.
The petition is not subject to oral argument.







                               CLERK'S COMMENTS

The language added to Rule 44.1 clarifies the filing requirements for petitioners
proceeding in forma pauperis and those petitioners who are inmates of institutions.

Rule 44.2 is amended to conform to practice.
Rule 44. Rehearing

  3. No response to a petition for rehearing shall be filed unless requested by the Court.
Absent extraordinary circumstances, no petition will be granted without an opportunity to
submit a response.

  4. No brief for an amicus curiae in support of, or in opposition to, a petition for rehearing
shall be filed.

  5. Consecutive petitions and petitions that are out of time under this Rule shall not be
filed.






                               CLERK'S COMMENTS


The Rule 37.3 prohibition of amicus curiae briefs is repeated in Rule 44.4.

In Rule 44.5, the term "received" was changed to "filed" to conform to practice.
Rule 45. Process; Mandates

 1. All process of this Court shall issue in the name of the President of the United States.

 2. In a case on review from a state court, the mandate shall issue 25 days after the
entry of judgment, unless the time is shortened or extended by the Court or a Justice, or
unless the parties stipulate that it issue sooner.  The filing of a petition for rehearing shall
stay the mandate until disposition of the petition, unless otherwise ordered.  If the petition
is denied, the mandate will issue forthwith.

 3. In a case on review from any court of the United States, as defined by 28 U. S. C.
451, a formal mandate will not issue unless specially directed; instead, the Clerk shall
send the clerk of the lower court a copy of the opinion or order of this Court and a
certified copy of the judgment.  The certified copy of the judgment, prepared and signed
by the Clerk, shall provide for costs, if any are awarded.  In all other respects, the
provisions of paragraph 2 of this Rule apply.








                               CLERK'S COMMENTS

Rule 45.3 conforms to the practice followed in the Clerk's Office when preparing certified
copies of judgments.

Rule 46. Dismissing Cases

 1. Whenever all parties, at any stage of the proceedings, file with the Clerk an
agreement in writing that a case be dismissed, specifying the terms with respect to the
payment of costs, and pay to the Clerk any fees that may be due, the Clerk, without
further reference to the Court, shall enter an order of dismissal.

 2. (a) A petitioner or appellant may file a motion to dismiss the case, with proof of
service as required by Rule 29, and shall tender to the Clerk any fees and costs payable.
An adverse party may, within 15 days after service thereof, file an objection, limited to the
quantum of damages and costs in this Court alleged to be payable or, in a proper case,
to showing that the moving party does not represent all petitioners or appellants.  The
Clerk shall refuse to receive any objection not so limited.

 (b) When the objection asserts that the moving party does not represent all the
petitioners or appellants, the party moving for dismissal may file a reply within 10 days,
after which time the matter shall be submitted to the Court for its determination.

 (c) If no objection is filed, or if upon objection going only to the quantum of damages
and costs in this Court the party moving for dismissal tenders the whole of such additional
damages and costs within 10 days of the demand therefor, the Clerk, without further
reference to the Court, shall enter an order of dismissal.  If, after objection as to the
quantum of damages and costs in this Court, the moving party does not respond by a
tender within 10 days, the Clerk shall report the matter to the Court for its determination.

 3. No mandate or other process shall issue on a dismissal under this Rule without an
order of the Court.

Rule 47. Reference to "State Court" and "State Law"

 The term "state court," when used in these Rules, includes the District of Columbia
Court of Appeals and the Supreme Court of the Commonwealth of Puerto Rico.  See 28
U. S. C. 1257 and 1258.  References in these Rules to the common law and statutes
of a State include the common law and statutes of the District of Columbia and of the
Commonwealth of Puerto Rico.

Rule 48. Effective Date of Rules

 1. These Rules adopted          , 1995, shall be effective       , 1995.

 2. The Rules govern all proceedings after their effective date except to the extent that,
in the opinion of the Court, their application to a particular matter pending would not be
feasible or would work injustice, in which event the former procedure applies.







                               CLERK'S COMMENTS

Rule 48 adds a saving measure to prevent proceedings pending on the Rules' effective
date from working an injustice.