The Business Master (4th Edition)/The Business Master - 4th Edition.iso/files/legaegal/court/suprul1a.sta

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

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

    (a) The questions presented for review, expressed in the
terms and circumstances of the case, but without unnecessary
detail.  The questions should be short and concise and
should not be argumentative or repetitious.  They must be
set forth on the first page following the cover with no
other information appearing 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) 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.  This listing
may be done in a footnote.  See also Rule 29.1 for the
required listing of parent companies and nonwholly owned
subsidiaries.

    (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.

    (e) A concise statement of the grounds on which the
jurisdiction of this Court is invoked showing:

    (i) The date of the entry of the judgment or decree sought
to be reviewed;

    (ii) The date of any order respecting a rehearing, and the
date and terms of any order granting an extension of time
within which to file the petition for a writ of certiorari;

    (iii) Express reliance upon Rule 12.3 when a cross-petition
for a writ of certiorari is filed under that Rule and the
date of receipt of the petition for a writ of certiorari in
connection with which the cross-petition is filed; and

    (iv) The statutory provision believed to confer on this
Court jurisdiction to review the judgment or decree in
question by writ of certiorari.

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

    (g) A concise statement of the case containing the facts
material to the consideration of the questions presented.

    (h) If review of a judgment of a state court is sought, the
statement of the case shall also specify the stage in the
proceedings, both in the court of first instance and in the
appellate courts, at which 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(k)
of the Rule.

    (i) If review of a judgment of a United States court of
appeals is sought, the statement of the case shall also show
the basis for federal jurisdiction in the court of first
instance.

    (j) A direct and concise argument amplifying the reasons
relied on for the allowance of the writ.  See Rule 10.

    (k) An appendix containing, in the following order:

    (i) The opinions, order, findings of fact, and conclusions
of law, whether written or orally given and transcribed,
delivered upon the rendering of the judgment or decree by
the court whose decision is sought to be reviewed.

    (ii) Any other opinions, order, 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 what is required by subparagraph .1(f), (h), and (k) of this
Rule to be included in or filed with the petition is voluminous,
it may be presented in a separate volume or volumes with
appropriate covers.

 .2. The petition for a writ of certiorari and the appendix
thereto, whether in the same or a separate volume, shall be
produced in conformity with Rule 33.  The Clerk shall not accept
any petition for a writ of certiorari that does not comply with
this Rule and with Rule 33, except that a party proceeding in
forma pauperis may proceed in the manner provided in Rule 39.

 .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(j) of this Rule.  No separate brief
in support of a petition for a writ of certiorari will be
received, and the Clerk will refuse to file any petition for a
writ of certiorari to which is annexed or appended any supporting
brief.

 .4. The petition for a writ of certiorari shall be as short as
possible and may not exceed the page limitations set out in Rule
33.

 .5. The failure of a petitioner to present with accuracy,
brevity, and clearness whatever is essential to a ready and
adequate understanding of the points requiring consideration will
be a sufficient reason for denying the petition.

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

 .1. A brief in opposition to a petition for a writ of certiorari
serves an important purpose in assisting the Court in the
exercise of its discretionary jurisdiction.  In addition to other
arguments for denying the petition, the brief in opposition
should address any perceived misstatements of fact or law set
forth in the petition which have a bearing on the question of
what issues would properly be before the Court if certiorari were
granted.  Unless this is done, the Court may grant the petition
in the mistaken belief that the issues presented can be decided,
only to learn upon full consideration of the briefs and record at
the time of oral argument that such is not the case.  Counsel are
admonished that they have an obligation to the Court to point out
any perceived misstatements in the brief in opposition, and not
later.  Any defect of this sort in the proceedings below that
does not go to jurisdiction may be deemed waived if not called to
the attention of the Court by the respondent in the brief in
opposition.

 .2. The respondent shall have 30 days (unless enlarged by the
Court or a Justice thereof or by the Clerk pursuant to Rule 30.4)
after receipt of a petition within which to file 40 printed
copies of an opposing brief disclosing any matter or ground as to
why the case should not be reviewed by this Court.  See Rule 10.
The brief in opposition shall comply with Rule 33 and with the
requirements of Rule 24 governing a respondent's brief, and shall
be served as prescribed by Rule 29.  A brief in opposition shall
not be joined with any other pleading.  The Clerk shall not
accept a brief which does not comply with this Rule and with Rule
33, except that a party proceeding in forma pauperis may proceed
in the manner provided in Rule 39.  If the petitioner is
proceeding in forma pauperis, the respondent may file 12
typewritten copies of a brief in opposition prepared in the
manner prescribed by Rule 34.

 .3. A brief in opposition shall be as short as possible and may
not exceed the page limitations set out in Rule 33.

 .4. No motion by a respondent to dismiss a petition for a writ
of certiorari will be received.  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 petition and brief in opposition, if any, will be
distributed by the Clerk to the Court for its consideration.
However, if a cross-petition for a writ of certiorari has been
filed, distribution of both it and the petition for a writ of
certiorari 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.

 .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 filing.  Forty copies
of the reply brief, prepared in accordance with Rule 33 and
served as prescribed by Rule 29, shall be filed.

 .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 or legislation or other intervening matter not
available at the time of the party's last filing.  A supplemental
brief must be restricted to new matter.  Forty copies of the
supplemental brief, prepared in accordance with Rule 33 and
served as prescribed by Rule 29, shall be filed.

Rule 16.  Disposition of Petition for a Writ of Certiorari

 .1. After consideration of the papers 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 enter an order
to that effect and shall forthwith notify the court below and
counsel of record.   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 shall 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 enter an order
to that effect and shall forthwith notify the court below and
counsel of record.  The order of denial will not be suspended
pending disposition of a petition for rehearing except by order
of the Court or a Justice.

PART IV.  OTHER JURISDICTION

Rule 17.  Procedure in an Original Action

 .1. This Rule applies only to an action within the Court's
original jurisdiction under Article III of the Constitution of
the United States.  See also 28 USC Section 1251 and the Eleventh
Amendment to the Constitution of the United States.  A petition
for an extraordinary writ in aid of the Court's appellate
jurisdiction must 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
to be filed in this Court.  In other respects those Rules, when
their application is appropriate, may be taken as a guide to
procedure in an original action in this Court.

 .3. The initial pleading in any original action shall be
prefaced by a motion for leave to file, and both the pleading and
motion must be printed in conformity with Rule 33.  A brief in
support of the motion for leave to file, which shall also comply
with Rule 33, may also be filed with the motion and pleading.
Sixty copies of each document, with proof of service as
prescribed by Rule 29, are required, 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
docket fee provided by Rule 38 must 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 prescribed by Rule 29, 60 printed copies of a brief in
opposition to the motion.  The brief shall comply with Rule 33.
When the brief in opposition has been filed, or when the time
within which it may be filed has expired, the motion, pleading,
and briefs will be distributed to the Court of the Clerk.  The
Court may thereafter grant or deny the motion, set it down for
oral argument,direct that additional pleadings be filed, or
require that other proceedings be conducted.

 .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 issued from the 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 with the clerk of the district court within 30 days after
the entry of the judgment sought to be reviewed.  The time may
not be extended.  The notice of appeal shall specify the parties
taking the appeal, shall designate the judgment, or part thereof,
appealed from and the date of its entry, and shall 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 pursuant to Rule 29 and proof of service must 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 to the appeal, but a party having no interest in
the outcome of the appeal may so notify the Clerk of this Court
and shall service 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.

 .3. No more than 60 days after the filing of the notice of
appeal in the district court, counsel for the appellant shall
file, with proof of service as prescribed by Rule 29, 40 printed
copies of a statement as to jurisdiction and pay the docket fee
prescribed by Rule 38.  The jurisdictional statement shall
follow, insofar as applicable, the form for a petition for a writ
of certiorari prescribed by Rule 14. The appendix must also
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 must be produced in conformity with Rule
33, except that a party proceeding in forma pauperis may proceed
in the manner prescribed in Rule 39.  A Justice of this Court
may, for good cause shown, extend the time for filing a
jurisdictional statement for a period not exceeding 60 days.  An
application to extend the time to file a jurisdictional statement
must set out the basis of jurisdiction in this Court, must
identify the judgment to be reviewed, must include a copy of the
opinion, any order respecting rehearing, and the notice of
appeal, and must set forth specific reason why the granting of 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. 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 12.5.

 .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 upon 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 enlargement
thereof, the district court may dismiss the appeal upon the
motion of the appellee and notice to all parties and may make any
order with respect to costs as may be just.  If an appellee's
motion to dismiss the appeal is not granted, the appellee may
have the case docketed in this Court and may seek to have the
appeal dismissed by filing a motion pursuant to Rule 32.  If the
appeal is dismissed, the Court may give judgment for costs
against the appellant.

 .6. Within 30 days after the receipt of the jurisdictional
statement, the appellee may file 40 printed copies of a motion to
dismiss, to affirm, or, in the alternative, to affirm and
dismiss.  The motion shall comply in all respects with Rules 21
and 33, except that a party proceeding in forma pauperis may
proceed in the manner provided in Rule 39.  The Court may permit
the appellee to defend a judgment on any ground that the law and
record permit and that would not expend the relief granted.

 .7. Upon the filing of the motion, or the expiration of the time
allowed therefor, or an express waiver of the right to file, the
jurisdictional statement and motion, if any, will be distributed
by the Clerk to the Court for its consideration.

 .8. A brief opposing a motion to dismiss or affirm may be filed
by an appellant, but distribution to the Court under paragraph .7
of this Rule will not be delayed pending its receipt.  Forty
copies, prepared in accordance with Rule 33 and served as
prescribed by Rule 29, shall be filed.

 .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.  Forty copies, prepared
in accordance with Rule 33 and served as prescribed by Rule 29,
shall be filed.

 .10. After consideration of the papers distributed under this
Rule, the court may summarily dispose of the appeal on the
merits, not probable jurisdiction, or postpone jurisdiction to
the hearing on the merits.  If not disposed of summarily, the
case will 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.