Post by William Pope on Dec 6, 2005 19:56:26 GMT -5
RULES OF THE SUPREME COURT OF THE UNITED STATES
TABLE OF CONTENTS
PART I. The Court
Rule 1. Clerk
Rule 2. Library
Rule 3. Quorum
PART II. Attorneys and Counselors
Rule 4. Admission to the Bar
Rule 5. Argument Pro Hac Vice
Rule 6. Disbarment and Disciplinary Action
Rule 7. Appearance of Counsel
PART III. Cert
Rule 8. Petition for a Writ of Certiorari
Rule 9. Briefs in Opposition; Reply Briefs
Rule 10. Disposition of a Petition for a Writ of Certiorari
PART IV. Briefs on the Merits and Oral Argument
Rule 11. Briefs on the Merits; In General
Rule 12. Briefs on the Merits: Time to File
Rule 13. The Calendar
Rule 14. Oral Argument
PART VII. Procedure; Disposition of Cases
Rule 15. Brief for Amicus Curiae
Rule 16. Opinions of the Court
PART I. The Court
Rule 1. Clerk
1. All documents for filing with the Court must be received by the Clerk of the Court.
2. The Clerk shall maintain the Court Calendar, Administrative Dispositions, the Court's records, new case filings, and the rules of the Court.
Rule 2. Library
The Court's library shall be available with all of the Court's delivered opinions.
Rule 3. Quorum
1. A majority of the Members of the Court constitute a quorum.
2. The Court will not meet without a quorum. In the absence of a quorum, the Justices attending - or if no Justice is present, the Clerk - may announce that the Court will not meet until there is a quorum.
PART II. Attorneys and Counselors
Rule 4. Admission to the Bar
1. To qualify for admission to the Bar of this Court, an applicant must have passed the Bar exam.
2. The Bar exam shall include (1) an examination, multiple choice, and essay on the procedures of this Court, and (2) a test of the applicant's knowledge of basic jurisprudence.
3. The Bar exam shall be made available to all applicants to the Bar of this Court.
4. If the applicant sufficiently completes and passes the Bar exam, the Clerk will notify the applicant of acceptance by the Court as member of the Bar.
Rule 5. Argument Pro Hac Vice
1. An attorney not accepted by the Court as member of the Bar but otherwise qualified to practice law may be permitted to argue pro hac vice.
2. Oral argument pro hac vice is allowed only on motion by a member of the Bar of this Court.
3. The motion shall be filed with the Clerk no later than the date on which the respondent's or appellee's brief on the merits is due to be filed.
Rule 6. Disbarment and Disciplinary Action
1. Whenever a member of the Bar of this Court has been disbarred or suspended from practice in any court of record, or has engaged in conduct unbecoming a member of the Bar of this Court, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity to show cause, within 10 days, why a disbarment order should not be entered. Upon response, or if no response is timely filed, the Court will enter an appropriate order.
2. After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court.
Rule 7. Appearance of Counsel
An attorney seeking to post a document in this Court in a representative capacity must first be admitted to practice before this Court as provided in Rule 4. If the name of more than one attorney is shown on the post of the document, the attorney who is counsel of record shall be clearly identified.
PART III. Cert
Rule 8. Petition for a Writ of Certiorari
1. Petitioner shall file a petition for a writ of certiorari containing, in the order indicated:
(a) The questions presented for review, expressed concisely in relation to the circumstances of the case, without unnecessary detail. The questions should be short and should not be argumentative or repetitive.
(b) 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 suffices at this point, though full citation shall be required.
(c.) A concise statement of the case setting out the facts material to consideration of the questions presented.
(d) A direct and concise argument amplifying the reasons relied on for allowance of the writ.
2. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.
3. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to ready and adequate understanding of the points requiring consideration is sufficient reason for the Court to deny a petition.
Rule 9. Briefs in Opposition; Reply Briefs
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.
2. A brief in opposition should be stated briefly and in plain terms. In addition to presenting other arguments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted.
3. Any brief in opposition shall be filed no later than 3 days after the case is submitted.
4. Any petitioner may file a reply brief addressed to new points raised in the brief in opposition.
5. 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 and shall follow, insofar as applicable, the form for a brief in opposition prescribed by this Rule.
Rule 10. Disposition of a Petition for a Writ of Certiorari
1. After considering the documents distributed under Rules 8 and 9, the Court will enter an appropriate order. The order may be a summary disposition on the merits.
2. Whenever the Court grants a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment is to be reviewed. The case then will be scheduled for briefing and oral argument. 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 transmit it. A formal writ will not issue unless specially directed.
3. Whenever the Court denies a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment was sought to be reviewed.
PART IV. Briefs on the Merits and Oral Argument
Rule 11. Briefs on the Merits; In General
1. A brief on the merits for a petitioner shall contain in the order here indicated:
(a) The questions presented for review under Rule 8(a). 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) Citations of the official and unofficial reports of the opinions and orders entered in the case by courts and administrative agencies (e.g., for Roe v. Wade, 410 US 113 (1973) is required).
(c.) 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 suffices at this point, and their pertinent text, if not already set out in the petition for a writ of certiorari, jurisdictional statement, or an appendix to either document, shall be set out in an appendix to the brief.
(d) A concise statement of the case, setting out the facts material to the consideration of the questions presented.
(e) A summary of the argument, suitably paragraphed. The summary 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.
(f) The argument, exhibiting clearly the points of fact and of law presented and citing the authorities and statutes relied on.
(g) A conclusion specifying with particularity the relief the party seeks.
2. A brief on the merits for a respondent or an appellee shall conform to the foregoing requirements, except that the items required by subparagraphs (a), (c.), and (d) of paragraph (1) need not be included unless the respondent is dissatisfied with their presentation by the opposing party.
3. 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.
4. A brief shall be concise, logically arranged with proper headings, and free of irrelevant, immaterial, or scandalous matter. The Court may disregard or strike a brief that does not comply with this paragraph.
Rule 12. Briefs on the Merits: Time to File
1. The petitioner shall file the brief on the merits within 5 days of the order granting the writ of certiorari.
2. The respondent shall file the brief on the merits within 5 days after the brief for the petitioner is filed.
3. The petitioner shall file the reply brief, if any, within 3 days after the brief for the respondent is filed, but the Clerk must be notified within 24 hours of receiving the respondent brief of the petitioner filing a reply brief.
4. 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 a supplemental brief, restricted to such new matter and otherwise presented in conformity with these Rules, up to the time the case is called for oral argument.
5. After a case has been argued or submitted, the Clerk will not file any brief, except that of a party filed by leave of the Court.
Rule 13. The Calendar
1. From time to time, the Clerk will prepare a calendar of cases ready for argument. A case ordinarily will not be called for argument less than one day after the brief on the merits for the respondent is due.
2. The Clerk will advise counsel when they are required to appear for oral argument and will publish a hearing list in advance of each argument session for 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 14. Oral Argument
1. Oral argument should emphasize and clarify the arguments in the briefs on the merits. Counsel should assume that all Justices have read the briefs before oral argument.
2. The petitioner shall open and may conclude the argument.
3. Unless the Court directs otherwise, each side is allowed twenty-four hours for argument. Counsel is not required to use all the allotted time.
4. Only one attorney will be heard for each side.
5. Oral argument will not be allowed on behalf of any party for whom a brief has not been filed.
6. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed may argue orally on the side of a party, with the consent of that party.
PART VII. Procedure; Disposition of Cases
Rule 15. Brief for Amicus Curiae
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, and may be filed if before the Court's consideration of a petition for a writ of certiorari or oral arguments.
Rule 16. 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 directs.
TABLE OF CONTENTS
PART I. The Court
Rule 1. Clerk
Rule 2. Library
Rule 3. Quorum
PART II. Attorneys and Counselors
Rule 4. Admission to the Bar
Rule 5. Argument Pro Hac Vice
Rule 6. Disbarment and Disciplinary Action
Rule 7. Appearance of Counsel
PART III. Cert
Rule 8. Petition for a Writ of Certiorari
Rule 9. Briefs in Opposition; Reply Briefs
Rule 10. Disposition of a Petition for a Writ of Certiorari
PART IV. Briefs on the Merits and Oral Argument
Rule 11. Briefs on the Merits; In General
Rule 12. Briefs on the Merits: Time to File
Rule 13. The Calendar
Rule 14. Oral Argument
PART VII. Procedure; Disposition of Cases
Rule 15. Brief for Amicus Curiae
Rule 16. Opinions of the Court
PART I. The Court
Rule 1. Clerk
1. All documents for filing with the Court must be received by the Clerk of the Court.
2. The Clerk shall maintain the Court Calendar, Administrative Dispositions, the Court's records, new case filings, and the rules of the Court.
Rule 2. Library
The Court's library shall be available with all of the Court's delivered opinions.
Rule 3. Quorum
1. A majority of the Members of the Court constitute a quorum.
2. The Court will not meet without a quorum. In the absence of a quorum, the Justices attending - or if no Justice is present, the Clerk - may announce that the Court will not meet until there is a quorum.
PART II. Attorneys and Counselors
Rule 4. Admission to the Bar
1. To qualify for admission to the Bar of this Court, an applicant must have passed the Bar exam.
2. The Bar exam shall include (1) an examination, multiple choice, and essay on the procedures of this Court, and (2) a test of the applicant's knowledge of basic jurisprudence.
3. The Bar exam shall be made available to all applicants to the Bar of this Court.
4. If the applicant sufficiently completes and passes the Bar exam, the Clerk will notify the applicant of acceptance by the Court as member of the Bar.
Rule 5. Argument Pro Hac Vice
1. An attorney not accepted by the Court as member of the Bar but otherwise qualified to practice law may be permitted to argue pro hac vice.
2. Oral argument pro hac vice is allowed only on motion by a member of the Bar of this Court.
3. The motion shall be filed with the Clerk no later than the date on which the respondent's or appellee's brief on the merits is due to be filed.
Rule 6. Disbarment and Disciplinary Action
1. Whenever a member of the Bar of this Court has been disbarred or suspended from practice in any court of record, or has engaged in conduct unbecoming a member of the Bar of this Court, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity to show cause, within 10 days, why a disbarment order should not be entered. Upon response, or if no response is timely filed, the Court will enter an appropriate order.
2. After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court.
Rule 7. Appearance of Counsel
An attorney seeking to post a document in this Court in a representative capacity must first be admitted to practice before this Court as provided in Rule 4. If the name of more than one attorney is shown on the post of the document, the attorney who is counsel of record shall be clearly identified.
PART III. Cert
Rule 8. Petition for a Writ of Certiorari
1. Petitioner shall file a petition for a writ of certiorari containing, in the order indicated:
(a) The questions presented for review, expressed concisely in relation to the circumstances of the case, without unnecessary detail. The questions should be short and should not be argumentative or repetitive.
(b) 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 suffices at this point, though full citation shall be required.
(c.) A concise statement of the case setting out the facts material to consideration of the questions presented.
(d) A direct and concise argument amplifying the reasons relied on for allowance of the writ.
2. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.
3. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to ready and adequate understanding of the points requiring consideration is sufficient reason for the Court to deny a petition.
Rule 9. Briefs in Opposition; Reply Briefs
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.
2. A brief in opposition should be stated briefly and in plain terms. In addition to presenting other arguments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted.
3. Any brief in opposition shall be filed no later than 3 days after the case is submitted.
4. Any petitioner may file a reply brief addressed to new points raised in the brief in opposition.
5. 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 and shall follow, insofar as applicable, the form for a brief in opposition prescribed by this Rule.
Rule 10. Disposition of a Petition for a Writ of Certiorari
1. After considering the documents distributed under Rules 8 and 9, the Court will enter an appropriate order. The order may be a summary disposition on the merits.
2. Whenever the Court grants a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment is to be reviewed. The case then will be scheduled for briefing and oral argument. 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 transmit it. A formal writ will not issue unless specially directed.
3. Whenever the Court denies a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment was sought to be reviewed.
PART IV. Briefs on the Merits and Oral Argument
Rule 11. Briefs on the Merits; In General
1. A brief on the merits for a petitioner shall contain in the order here indicated:
(a) The questions presented for review under Rule 8(a). 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) Citations of the official and unofficial reports of the opinions and orders entered in the case by courts and administrative agencies (e.g., for Roe v. Wade, 410 US 113 (1973) is required).
(c.) 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 suffices at this point, and their pertinent text, if not already set out in the petition for a writ of certiorari, jurisdictional statement, or an appendix to either document, shall be set out in an appendix to the brief.
(d) A concise statement of the case, setting out the facts material to the consideration of the questions presented.
(e) A summary of the argument, suitably paragraphed. The summary 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.
(f) The argument, exhibiting clearly the points of fact and of law presented and citing the authorities and statutes relied on.
(g) A conclusion specifying with particularity the relief the party seeks.
2. A brief on the merits for a respondent or an appellee shall conform to the foregoing requirements, except that the items required by subparagraphs (a), (c.), and (d) of paragraph (1) need not be included unless the respondent is dissatisfied with their presentation by the opposing party.
3. 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.
4. A brief shall be concise, logically arranged with proper headings, and free of irrelevant, immaterial, or scandalous matter. The Court may disregard or strike a brief that does not comply with this paragraph.
Rule 12. Briefs on the Merits: Time to File
1. The petitioner shall file the brief on the merits within 5 days of the order granting the writ of certiorari.
2. The respondent shall file the brief on the merits within 5 days after the brief for the petitioner is filed.
3. The petitioner shall file the reply brief, if any, within 3 days after the brief for the respondent is filed, but the Clerk must be notified within 24 hours of receiving the respondent brief of the petitioner filing a reply brief.
4. 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 a supplemental brief, restricted to such new matter and otherwise presented in conformity with these Rules, up to the time the case is called for oral argument.
5. After a case has been argued or submitted, the Clerk will not file any brief, except that of a party filed by leave of the Court.
Rule 13. The Calendar
1. From time to time, the Clerk will prepare a calendar of cases ready for argument. A case ordinarily will not be called for argument less than one day after the brief on the merits for the respondent is due.
2. The Clerk will advise counsel when they are required to appear for oral argument and will publish a hearing list in advance of each argument session for 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 14. Oral Argument
1. Oral argument should emphasize and clarify the arguments in the briefs on the merits. Counsel should assume that all Justices have read the briefs before oral argument.
2. The petitioner shall open and may conclude the argument.
3. Unless the Court directs otherwise, each side is allowed twenty-four hours for argument. Counsel is not required to use all the allotted time.
4. Only one attorney will be heard for each side.
5. Oral argument will not be allowed on behalf of any party for whom a brief has not been filed.
6. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed may argue orally on the side of a party, with the consent of that party.
PART VII. Procedure; Disposition of Cases
Rule 15. Brief for Amicus Curiae
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, and may be filed if before the Court's consideration of a petition for a writ of certiorari or oral arguments.
Rule 16. 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 directs.