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RULES OF THE SUPREME COURT OF THE UNITED STATES , 2bb1c3c2b175b002 (2020)

RULES OF THE SUPREME COURT OF THE UNITED STATES ADOPTED JANUARY 12, 2010, EFFECTIVE FEBRUARY 16, 2010

Rule 48. Effective Date of Rules , 48 (2020)

The Rules govern all proceedings after their effective date except to the extent that, in the opinion of the Court, their application to a pending matter In any case in which a petitioner or appellant has filed its brief on the merits prior to the effective date of these revised Rules, all remaining briefs in that case may comply with the October 1, 2007, version of the Rules of the Supreme Court of the United States rather than with these revised Rules.

Rule 11. Certiorari to a United States Court of AppealsBefore Judgment , 11 (2020)

Certiorari to a United States Court of AppealsBefore Judgment A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court.

Rule 41. Opinions of the Court , 41 (2020)

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

Rule 18. Appeal from a United States District Court , 18 (2020)

Appeal from a United States District Court 1. When a direct appeal from a decision of a United States district court is authorized by law, the appeal is commenced by filing a notice of appeal with For the time and manner of presenting the application, see Rules 21, 22, and 30.

Rule 29. Filing and Service of Documents; Special Notifications;Corporate Listing , 29 (2020)

(b) In any proceeding in this Court in which the constitutionality of an Act of Congress is drawn into question, and neither the United States nor any In such a proceeding from any court of the United States, as defined by28 U.S.C. § 451, the initial document also shall state whether that court, pursuant In such a proceeding from any court of the United States, as defined by28 U.S.C. § 451, the initial document also shall state whether that court, pursuant

Rule 21. Motions to the Court , 21 (2020)

Motions to the Court 1. A motion to the Court shall be filed with the Clerk and shall be accompanied by proof of service as required by Rule 29. and, in any event, within 10 days of receipt, unless the Court or a Justice, or the Clerk under Rule 30.4, orders otherwise.

Rule 39. Proceedings In Forma Pauperis , 39 (2020)

with 28 U.S.C. § 1746) in the form prescribed by the Federal Rules of Appellate Procedure, Form 4. If the United States district court or the United States court of appeals has appointed counsel under the Criminal Justice Act of 1964, 18 U.S.C. § 3006A with the substance of these Rules or is jurisdictionally out of time. 4.

Rule 19. Procedure on a Certified Question , 19 (2020)

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 When a question is certified by a United States court of appeals, this Court, on its own motion or that of a party, may consider and decide the entire The Clerk of this Court then will request the clerk of the court in possession of the record to certify and transmit it.

Rule 17. Procedure in an Original Action , 17 (2020)

This Rule applies only to an action invoking the Court's original jurisdiction under Article III of the Constitution of the United States. The form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed. In other respects, those Rules and the Federal Rules of Evidence may be taken as guides. 3.

Rule 13. Review on Certiorari: Time for Petitioning , 13 (2020)

last resort or a United States court of appeals (including the United States Court of Appeals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. For the time and manner of presenting the application, see Rules 21, 22, 30, and 33.2.

Rule 5. Admission to the Bar , 5 (2020)

of this Court, I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States. 5. The fee for admission to the Bar and a certificate bearing the seal of the Court is $200, payable to the United States Supreme Court. , payable to the United States Supreme Court.

Rule 33. Document Preparation: Booklet Format; 8 1/2 — by 11-InchPaper Format , 33 (2020)

The typeface should be similar to that used in current volumes of the United States Reports. A document filed by the United States, or by any other federal party represented by the Solicitor General, shall have a gray cover. any appendix thereto, expressly permitted by these Rules to be presented to the Court on 8 ½- by 11-inch paper shall appear double spaced, except for

Rule 37. Brief for an Amicus Curiae , 37 (2020)

No motion for leave to file an amicus curiae brief is necessary if the brief is presented on behalf of the United States by the Solicitor General; on behalf of any agency of the United States allowed by law to appear before this Court when submitted by the agency's authorized legal representative; on behalf of Rules 21, 24, and 33.1 (except that it suffices to set out in the brief the interest of the amicus curiae, the summary of the argument, the argument

Rule 47. Reference to "State Court" and "State Law" , 47 (2020)

Reference to "State Court" and "State Law" The term "state court," when used in these Rules, includes the District of Columbia Court of Appeals, the Supreme Court of the Commonwealth of Puerto Rico, the courts of the Northern Mariana Islands, and the local courts of Guam. References in these Rules to the statutes of a State include the statutes of the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth

Rule 10. Considerations Governing Review on Certiorari , 10 (2020)

The following, although neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons the Court considers: (a) a United States court of appeals has entered a decision in conflict with the decision of another United States court of appeals on the same important last resort or of a United States court of appeals; (c) a state court or a United States court of appeals has decided an important question of federal

Rule 34. Document Preparation: General Requirements , 34 (2020)

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"); (e) the title of the document (e. g., "Petition In the event the provision has not been classified to the United States Code, citation should be to the Statutes at Large.

Rule 45. Process; Mandates , 45 (2020)

All process of this Court issues in the name of the President of the United States. 2. In a case on review from any court of the United States, as defined by 28 U.S.C. § 451, a formal mandate does not issue unless specially directed; instead , the Clerk of this Court will send the clerk of the lower court a copy of the opinion or order of this Court and a certified copy of the judgment.

Rule 2. Library , 2 (2020)

The Court's library is available for use by appropriate personnel of this Court, members of the Bar of this Court, Members of Congress and their legal staffs, and attorneys for the United States and for federal departments and agencies. 2. The library's hours are governed by regulations made by the Librarian with the approval of the Chief Justice or the Court. 3.

Rule 42. Interest and Damages , 42 (2020)

Interest in cases arising in a state court is allowed at the same rate that similar judgments bear interest in the courts of the State in which judgment Interest in cases arising in a court of the United States is 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

Rule 43. Costs , 43 (2020)

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. To the extent permitted by 28 U.S.C. § 2412, costs under this Rule are allowed for or against the United States or an officer or agent thereof, unless When costs are allowed in this Court, the Clerk will insert an itemization of the costs in the body of the mandate or judgment sent to the court below.

Rule 36. Custody of Prisoners in Habeas Corpus Proceedings , 36 (2020)

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 the decision, or to the court of appeals, this Court, or a judge or Justice of either court. 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

Rule 40. Veterans, Seamen, and Military Cases , 40 (2020)

A veteran suing under any provision of law exempting veterans from the payment of fees or court costs, may proceed without prepayment of fees or costs 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. to proceed on papers prepared as required by Rule 33.2, except as authorized by the Court on separate motion under Rule 39.

Rule 22. Applications to Individual Justices , 22 (2020)

An application arising from the United States Court of Appeals for the Armed Forces shall be addressed to the Chief Justice. is next junior to the Circuit Justice; the turn of the Chief Justice follows that of the most junior Justice. 4. A Justice to whom an application for a stay or for bail is submitted may refer it to the Court for determination. 6.

Rule 30. Computation and Extension of Time , 30 (2020)

In the computation of 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, 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 to a Justice or to the Court.

Rule 1. Clerk , 1 (2020)

The Clerk receives documents for filing with the Court and has authority to reject any submitted filing that does not comply with these Rules. 2. The Clerk maintains the Court's records and will not permit any of them to be removed from the Court building except as authorized by the Court. After the conclusion of proceedings in this Court, original records and documents transmitted to this Court by any other court will be returned to the

Rule 8. Disbarment and Disciplinary Action , 8 (2020)

Whenever a member of the Bar of this Court has been disbarred or suspended from practice in any court of record, or has engaged in conduct unbecoming a member of the Bar of this Court, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity or for failure to comply with these Rules or any Rule or order of the Court.

Rule 14. Content of a Petition for a Writ of Certiorari , 14 (2020)

(b) A list of all parties to the proceeding in the court whose judgment is sought to be reviewed (unless the caption of the case contains the names of If review of a state-court judgment is sought, specification of the stage in the proceedings, both in the court of first instance and in the appellate (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.

Rule 23. Stays , 23 (2020)

of the order, if any, of the court or judge below denying the relief sought, and shall set out specific reasons why a stay is justified. The form and content of an application for a stay are governed by Rules 22 and33.2. 4. A judge, court, or Justice granting an application for a stay pending review by this Court may condition the stay on the filing of a supersedeas bond having

Rule 25. Briefs on the Merits: Number of Copies and Time to File , 25 (2020)

Except as approved by the Court or a Justice, the total number of words permitted for the briefs of the parties cumulatively shall not exceed the maximum argument or by leave of the Court thereafter. 7. An electronic version of every brief on the merits shall be transmitted to the Clerk of Court and to opposing counsel of record at the time the brief is

Rule 20. Procedure on a Petition for an Extraordinary Writ , 20 (2020)

Issuance by the Court of an extraordinary writ authorized by28 U.S.C. § 1651(a) is not a matter of right, but of discretion sparingly exercised. 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 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

Rule 24. Briefs on the Merits: In General , 24 (2020)

A brief on the merits for a petitioner or an appellant shall comply in all respects with Rules 33.1 and 34 and shall contain in the order here indicated (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 (e) A concise statement of the basis for jurisdiction in this Court, including the statutory provisions and time factors on which jurisdiction rests.

Rule 16. Disposition of a Petition for a Writ of Certiorari , 16 (2020)

counsel of record and the court whose judgment is to be reviewed. If the record has not previously been filed in this Court, the Clerk will request the clerk of the court having possession of the record to certify and The order of denial will not be suspended pending disposition of a petition for rehearing except by order of the Court or a Justice.

Rule 9. Appearance of Counsel , 9 (2020)

5, except that admission to the Bar of this Court is not required for an attorney appointed under the Criminal Justice Act of 1964, see 18 U.S.C. § 3006A 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. of the party represented.

Rule 12. Review on Certiorari: How Sought; Parties , 12 (2020)

The clerk of the court having possession of the record shall keep it until notified by the Clerk of this Court to certify and transmit it. 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 The record may consist of certified copies, but if the lower court is of the view that original documents of any kind should be seen by this Court, that

Rule 46. Dismissing Cases , 46 (2020)

of costs, and pay to the Clerk any fees then due, the Clerk, without further reference to the Court, will enter an order of dismissal. 2. additional damages and costs in full within 10 days of the demand therefor-the Clerk, without further reference to the Court, will enter an order of dismissal No mandate or other process will issue on a dismissal under this Rule without an order of the Court.

Rule 4. Sessions and Quorum , 4 (2020)

Open sessions of the Court are held beginning at 10 a.m. on the first Monday in October of each year, and thereafter as announced by the Court. 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

Rule 35. Death, Substitution, and Revivor; Public Officers , 35 (2020)

If a party dies after the filing of a petition for a writ of certiorari to this Court, or after the filing of a notice of appeal, the authorized representative If the substitution of a representative of the deceased is not made within six months after the death of the party, the case shall abate. 2. than by name, but the Court may require the name to be added.

Rule 31. Translations , 31 (2020)

Translations Whenever any record to be transmitted to this Court contains 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 advise the Clerk of this Court immediately so that this Court may order that a translation be supplied and, if necessary, printed as part of the joint appendix.

Rule 28. Oral Argument , 28 (2020)

, and the Court will advise the parties who shall open and close. 3. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed as provided in Rule 37 may argue In the absence of consent, counsel for an amicus curiae may seek leave of the Court to argue orally by a motion setting out specifically and concisely

Rule 15. Briefs in Opposition; Reply Briefs; Supplemental Briefs , 15 (2020)

see Rule 14.1(a), or when ordered by the Court. 2. Any objections to the jurisdiction of the Court to grant a petition for a writ of certiorari shall be included in the brief in opposition. 5. The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition,

Rule 26. Joint Appendix , 26 (2020)

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 The Court, on its own motion or that of a party, 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

Rule 7. Prohibition Against Practice , 7 (2020)

Prohibition Against Practice No employee of this Court shall practice as an attorney or counselor in any court or before any agency of government while employed by the Court; nor shall any person after leaving such employment participate in any professional capacity in any case pending before this Court in any professional capacity in any case that was pending in this Court during the employee's tenure.

Rule 44. Rehearing , 44 (2020)

Any petition for the rehearing of any judgment or decision of the Court on the merits shall be filed within 25 days after entry of the judgment or decision , unless the Court or a Justice shortens or extends the time. A petition for rehearing is not subject to oral argument and will not be granted except by a majority of the Court, at the instance of a Justice who concurred

Rule 27. Calendar , 27 (2020)

the convenience of counsel and the information of the public. 3. The Court, on its own motion or that of a party, 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 the Court may prescribe.

Rule 6. Argument Pro Hac Vice , 6 (2020)

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 Oral argument pro hac vice is allowed only on motion of the counsel of record for the party on whose behalf leave is requested. The motion shall state concisely the qualifications of the attorney who is to arguepro hac vice.

Rule 32. Models, Diagrams, Exhibits, and Lodgings , 32 (2020)

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. proposed for lodging and the reasons why the non-record material may properly be considered by the Court.

Rule 38. Fees , 38 (2020)

. § 1911, the fees 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 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 the Court, $10; and (e) for a check paid to the Court, Clerk, or Marshal that is returned for lack of funds, $35

Rule 3. Term , 3 (2020)

Term The Court holds a continuous annual Term commencing on the first Monday in October and ending on the day before the first Monday in October of the following year. At the end of each Term, all cases pending on the docket are continued to the next Term.