The Business Master (4th Edition)/The Business Master - 4th Edition.iso/files/legaegal/court/suprule1.sta

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PART I.  THE COURT

Rule 1.  Clerk

 .1. 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 pleading, paper, or brief filed
with the Clerk and made a part of the Court's records may not
thereafter by withdrawn from the official Court files.  After the
conclusion of the proceedings in this Court, any original records
and papers transmitted to this Court by any other court will be
returned to the court from which they were received.

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

Rule 2.  Library

 .1. 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, it department and agencies.

 .2. The library will be open during such times as the reasonable
needs of the Bar may require.  Its operation shall be 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 legal staff.

Rule 3. Term

 .1. The Court will hold a continuous annual Term commencing on
the first Monday in October.  See 28 USC Section 2.  At the end
of each Term, all cases pending on the docket will be continued
to the next Term.

 .2. The Court at every Term will announce the date after which
no case will be called for oral argument at the Term unless
otherwise ordered.

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. Any six Members of the Court constitute a quorum.  See 28
USC Section 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.

PART II.  ATTORNEYS AND COUNSELORS

Rule 5.  Admission to the Bar

 .1. It shall be requisite for admission to the Bar of this Court
that the applicant shall have been admitted to practice in the
highest court of a State, Commonwealth, Territory or Possession,
or of the District of Columbia for the three years immediately
proceeding the date of application and shall have been free from
any adverse disciplinary action whatsoever during that 3-year
period, and that the applicant appears 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
the 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 the Court and furnished by
the Clerk containing (i) the applicant's personal statement and
(ii) the statement of two sponsors (who must be members of the
Bar of this Court and who must personally know, but not be
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 will notify
the applicant of acceptance by the Court as a member of the Bar
and issue a certificate of admission.  An applicant who so
desires 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 of law, and that I will support the
Constitution of the United States.

 .5. The fee for admission to the Bar and a certificate under
seal is $100, payable to the Marshal, U. S. Supreme Court.  The
Marshal shall maintain the proceeds as 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 the
Supreme Court Bar, and for related purposes.

 .6. The cost for a duplicate certificate of admission to the Bar
under seal is $10, payable to the Marshal, U. S. Supreme Court.
The proceeds shall be maintained by the Marshall as provided in
paragraph .5 of this rule.

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, barrister, or advocate who is 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 must briefly and distinctly state the
appropriate qualifications of the attorney who is to argue pro
hac vice.  It must be filed with the Clerk, in the form
prescribed 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 must be accompanied by proof of service pursuant to Rule 29.

Rule 7.  Prohibition Against Practice

 .1. The Clerk shall not practice as an attorney or counselor
while holding office.

 .2. No law clerk, secretary to a Justice, or other employee of
this Court shall practice as an attorney or counselor in any
court or before any agency of government while employed at the
Court; nor shall any person after leaving employment in this
Court participate, by way of any form 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; not 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.

Rule 8.  Disbarment and Disciplinary Action

 .1. Whenever it is shown to the Court that 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, that member will be suspended
from practice before this Court forthwith and will be afforded
the 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 may, 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, take any appropriate
disciplinary action against any attorney who practices before it
for conduct unbecoming a member of the Bar or failure to comply
with these Rules or any Rule of the Court.

Rule 9.  Appearance of Counsel

 .1. An attorney seeking to file a pleading, motion, or other
paper in this Court in a representative capacity must first be
admitted to practice before this Court pursuant to Rule 5.  The
attorney whose name, address, and telephone number appear on the
cover of a document being filed will be deemed 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 must be clearly
identified.

 .2. An attorney representing a party who will not be filing a
document must 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 must also be
entered.

PART III.  JURISDICTION ON WRIT OF CERTIORARI

Rule 10.  Considerations Governing Review on Writ of Certiorari

 .1. A review on 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 special and important reasons
therefor.  The following, while neither controlling nor fully
measuring the Court's discretion, indicate the character of
reasons that will be considered:

    (a) When a United States court of appeals has rendered a
decision in conflict with the decision of another United
States court of appeals on the same matter; or has decided a
federal question in a way in conflict 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.

    (b) When 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.

    (c) When a state court or a United States court of appeals
has decided an important question of federal law which 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.

 .2. The same general considerations outlined above will control
in respect to a petition for a writ of certiorari to review a
judgment of 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.  28 USC Section 2101(e).

Rule 12.  Review on Certiorari; How Sought; Parties

 .1. The petitioner's counsel, who must be a member of the Bar of
this Court, shall file, with proof of service as provided by Rule
29, 40 copies of printed petition for a writ of certiorari, which
shall comply in all respects with Rule 14, and shall pay the
docket fee prescribed by Rule 38.  The case then will be placed
on the docket.  It shall be the duty of counsel for the
petitioner to notify all respondents, on a form supplied by the
Clerk, of the date of filing and of the docket number of the
case.  The notice shall be served as required by Rule 29.

 .2. 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 for a writ of certiorari 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 coving all the cases will suffice.  A petition
for a writ of certiorari shall not be joined with any other
pleading.

 .3. Not more than 30 days after receipt of the petition for writ
of certiorari, counsel for a respondent wishing to file a cross-
petition that would otherwise be untimely shall file, with proof
of service as prescribed by Rule 29, 40 printed copies of a
cross-petition for a writ of certiorari, which shall comply in
all respects with Rule 14, except that materials printed in the
appendix to the original petition need not be reprinted, and
shall pay the docket fee pursuant to Rule 38.  The cover of the
petition shall clearly indicate that it is cross-petition.  The
cross-petition will then be placed on the docket subject,
however, to the provisions of Rule 13.5.  It shall be the duty of
counsel for the cross-petitioner to notify the cross-respondent,
on a form suppled by the Clerk, of the date of docketing and of
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, and the
Clerk shall not accept any pleading so joined.  The time for
filing a cross-petition may not be extended.

 .4. 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 the
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 promptly notifying the Clerk, with service on
the other parties, of an intention to remain a party.  All
parties other than petitioner shall be respondents, but any
respondent who supports the position of petitioner shall meet the
time schedule for filing papers which is provided for that
petitioner, except that a response to the petition shall be filed
within 20 days after its receipt, and the time may not be
extended.

 .5. 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.  When requested by the Clerk of the 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, has 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, but the presiding judge
of the lower court who believes that original papers of any kind
should be seen by the Court may, by order, make provision for
their transport, safekeeping, and return.

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, a United States court of appeals, or the United States
Court of Military Appeals shall be deemed in time when it is
filed with the Clerk of this Court within 90 days after the entry
of the judgment.  A petition for a writ of certiorari seeking
review of a judgment of a lower state court which is subject to
discretionary review by the state court of last resort shall be
deemed in time when it is filed with the Clerk within 90 days
after the entry of the order denying discretionary review.

 .2. A justice of this Court, for good cause shown, may extend
the time to file a petition for a writ of certiorari for a period
not exceeding 60 days.

 .3. The Clerk will refuse to receive any petition for a writ of
certiorari which is jurisdictionally out of time.

 .4. the time for filing a petition for a writ of certiorari runs
from the date the judgment or decree sought to be reviewed is
rendered, and not form 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 in
the case, the time for filing 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 the entry of
a subsequent judgment.  A suggestion made to a United States
court of appeals for a rehearing in banc pursuant to Rule 35(b),
Federal Rules of Appellate Procedure, is not a petition for
rehearing within the meaning of this Rule.

 .5. A cross petition for a writ of certiorari shall be deemed in
time when it is filed with the Clerk as provided in
paragraphs .1, .2, and .4 of this Rule, or in Rule 12.3.
However, a cross-petition which, except for Rule 12.3, would be
untimely, will not be granted unless a timely petition for a writ
of certiorari of another party to the case is granted.

 .6. An application to extend the time to file a petition for a
writ of certiorari must set out the grounds on which the
jurisdiction of this Court is invoked, must identify the judgment
sought to be reviewed and have appended thereto a copy of the
opinion and any order respecting rehearing, and must set forth
with specificity the reasons why the granting of an extension of
time is thought 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 petition for a writ of certiorari is
not favored.