The Business Master (4th Edition)/The Business Master - 4th Edition.iso/files/legaegal/court/suprul3a.asc

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#help.tut Press ENTER for help
#contents.sta Table of contents
#suprule1.sta Rules 1-13
#suprul1a.sta Rules 14-18
#suprule2.sta Rules 19-24
#suprul2a.sta Rules 25-29
#suprule3.sta Rules 30-36

Rule 37.  Brief of an Amicus Curiae

 .1. An amicus curiae brief which brings relevant matter to the
attention of the Court that has not already been brought to its
attention by the parties is of considerable help to the Court.
An amicus brief which does not serve this purpose simply burdens
the staff and facilities of the Court and its filing is not
favored.

 .2. A brief of an amicus curiae submitted prior to the
consideration of a petition for a writ of certiorari or a
jurisdictional statement, 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.
A motion for leave to file a brief amicus curiae when consent has
been refused is not favored.  Any such motion must be filed
within the time allowed for filing of the brief amicus curiae,
must indicate the party or parties who have refused consent, and
must be printed with the proposed brief.  The cover of the brief
must identify the party supported.

 .3. A brief of an amicus curiae 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
the filing of the brief of the party supported, or, if in support
of neither party, with the time allowed for filing the
petitioner's or appellant's brief.  A brief amicus curiae must
identify the party supported or indicate whether it suggest
affirmance or reversal, and must be as concise as possible.  No
reply brief of an amicus curiae and no brief of an amicus curiae
in support of a petition for rehearing will be received.

 .4. When consent to the filing of a brief of an amicus curiae in
a case before the Court for oral argument is refused by a party
to the case, a motion for leave to file indicating the party or
parties who have refused consent, accompanied by the proposed
brief and printed with in, may be presented to the Court.  A
motion shall concisely state the nature of the applicant's
interest and set forth facts or questions of law that have not
been, or reasons for believing that they will not be, presented
by the parties and their relevancy to the disposition of the
case.  The motion may in no event exceed five pages.  A party
served with the motion may file an objection thereto concisely
stating the reasons for withholding consent which must be printed
in accordance with Rule 33.  The cover of an amicus brief must
identify the party supported or indicate whether it support
affirmance or reversal.

 .5. Consent to the filing of a brief of 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, Territory, or Commonwealth when submitted by
its Attorney General; or on behalf of a political subdivision of
a State, Territory, or Commonwealth when submitted by its
authorized law officer.

 .6. Every brief or motion filed under this Rule must comply with
the applicable provisions of Rules 21, 24, and 33 (except that it
shall be sufficient to set forth in the brief the interest of the
amicus curiae, the argument, the summary of the argument, and the
conclusion); and shall be accompanied by proof of service as
required by Rule 29.

Rule 38.  Fees

In pursuance of 28 USC Section 1911, the fees to be charged by
the Clerk are fixed as follows:

    (a) For docketing a case on a petition for a writ of
certiorari or on appeal or docketing any other proceeding,
except a certified question or a motion to docket and
dismiss an appeal pursuant to Rule 18.5, $300.00.

    (b) For filing a petition for rehearing or a motion for
leave to file a petition for rehearing, $200.00.

     (c) For the reproduction and certification of any record or
paper, $1.00 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 under seal, $25.00.

    (e) For a check paid to the Court, Clerk, or Marshal which
is returned for lack of funds, $35.00.

Rule 39.  Proceedings in Forma Pauperis

 .1. A party desiring to proceed in forma pauperis shall file
with the pleading a motion for leave to proceed in forma
pauperis, together with the party's notarized affidavit or
declaration (in compliance with 28 USC Section 1746) in the form
prescribed by the Federal Rules of Appellate Procedure, Form 4.
See 28 USC Section 1915.  If the United States district court or
the United States court of appeals has appointed counsel under
the Criminal Justice Act of 1964, as amended, the party need not
file an affidavit or declaration in compliance with 28 USC
Section 1746, but the motion must indicate that counsel was
appointed under the Criminal Justice Act.  See 18 USC Section
3006A(d)(6).  The motion shall also state whether or not leave to
proceed in forma pauperis was sought in any other court and, if
so, whether leave was granted.

 .2. The motion, and affidavit or declaration if required, must
be filed with the petition for a writ of certiorari,
jurisdictional statement,  or petition for an extraordinary writ,
as the case may be, and shall comply in every respect with Rule
21, except that it shall be sufficient to file a single copy.  If
not received together, the documents will be returned by the
Clerk.

 .3. Every paper or document presented under this Rule must be
clearly legible and, whenever possible, must comply with Rule 34.
While making due allowance for any case presented under this Rule
by a person appearing pro se, the Clerk will refuse to receive
any document sought to be filed that does not comply with the
substance of these Rules, or when it appears that the document is
obviously and jurisdictionally out of time.

 .4. When the papers required by paragraphs .1 and .2 of this
Rule are presented to the Clerk, accompanied by proof of service
as prescribed by Rule 29, they are to 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
may respond in the same manner and within the same time as in any
other case of the same nature, except that the filing of 12
copies of a typewritten response, with proof of service as
required by Rule 29, will suffice whenever the petitioner or
appellant has filed typewritten papers.  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 a member of the Bar to serve as
counsel for an indigent party in a case set for oral argument,
the briefs prepared by that counsel, unless otherwise requested,
will be printed under the supervision of the Clerk.  The Clerk
will 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 or
jurisdiction has been noted or postponed, this Court may appoint
counsel to represent a party financially unable to afford an
attorney to the extent authorized by the Criminal Justice Act of
1964, as amended, 18 USC Section 3006A.

 .8. If satisfied that a petition for a writ of certiorari
jurisdictional statement, or petition for an extraordinary writ,
as the case may be, is frivolous or malicious, the court may deny
a motion to leave to proceed in forma pauperis.

(Amended July 1, 1991.)

Rule 40.  Veteran, Seamen, and Military Cases

 .1. A veteran suing to establish reemployment rights under 38
USC Section 2022, or under any other provision of law exempting a
veteran from the payment of fees or court costs, may file a
motion to proceed upon typewritten papers under Rule 34, except
that the motion shall ask leave to proceed as a veteran, and the
affidavit shall set forth the moving party's status as a veteran.

 .2. A seaman suing pursuant to 28 USC Section 1916 may proceed
without the prepayment of fees or costs or furnishing security
therefor, but a seaman is not relieved of printing costs nor
entitled to proceed on typewritten papers.

 .3. An accused person petitioning for a writ of certiorari to
review a decision of the United States Court of Military Appeals
pursuant to 28 USC Section 1259 may proceed without the
prepayment of fees or cost s or furnishing security therefor and
without filing an affidavit of indigency, but is not relieved of
the printing requirements under Rule 33 and is not entitled to
proceed on typewritten papers except as authorized by the Court
on separate motion.

PART VIII.   DISPOSITION OF CASES

Rule 41.   Opinions of the Court

Opinions of the Court will be released by the Clerk is
preliminary form immediately upon delivery.  Thereafter the Clerk
shall cause the opinions of the Court to be issued in slip form
and shall deliver them to the Reporter of Decisions who 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 below 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 will be allowed at the same rate
that similar judgments bear interest in the courts of the State
in which judgment was entered or was directed to be entered.

 .2. When a petition for a writ of certiorari, an appeal, or
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, or against the party's attorney or
against both.

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 costs 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 paragraph .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 USC Section 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 shall not
submit a bill of costs.

 .7. If appropriate, 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 enlarged by the Court or a Justice.  Forty printed copies,
produced in conformity with Rule 33, must be filed (except when
the party is proceeding informa pauperis under Rule 39),
accompanied by proof of service as prescribed by Rule 29 and the
filing fee required by Rule 38.  The petition must briefly and
distinctly state its grounds.  Counsel must certify that the
petition is presented in good faith and not for delay; one copy
of the certificate shall bear the manuscript signature of
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 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 is required, but its grounds must
be limited to intervening circumstances of a substantial or
controlling effect or to other substantial grounds not previously
presented.  Counsel must certify that the petition 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 not represented by counsel.  A petition without a
certificate shall be rejected by the Clerk.  The petition is not
subject to oral argument.

 .3. No response to a petition for rehearing will be received
unless requested by the Court, but no petition will be granted
without an opportunity to submit a response.

 .4. Consecutive petitions and petitions that are out of time
under this Rule will not be received.

Rule 45.  Process; Mandates

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

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

 .3. In a case coming from a United States court, a formal
mandate will not issue unless specially directed; instead, the
Clerk will send the court a copy of the opinion or order of this
Court and a certified copy of the judgment (which shall include
provisions for the recovery of costs, if any are awarded).  In
all other respects, the provisions of paragraph .2 of this Rule
apply.

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 is a case in this Court may
file a motion to dismiss the case, with proof of service as
prescribed by Rule 29, and must 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 a showing that the moving
party does not represent all petitioner or appellants.  The
Clerk will refuse to receive any objection not so limited.

    (b) When the objection goes to the standing of the moving
party to represent the entire side, the party moving for
dismissal, within 10 days thereafter, may file a reply,
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, within 10 days thereafter,
tenders the whole of such additional damages and cost
demanded, 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 with 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.

PART IX.  APPLICATION OF TERMS AND EFFECTIVE DATE

Rule 47.  Term "State Court"

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 18 USC Section 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 Amendments

These Rules adopted December 5, 1989, shall be effective January
1, 1990.