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SUPREME COURT OF THE U.S. - RULES
..Part VIII. Disposition of Cases
Rule 44. Rehearing
- 1. 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. The
petitioner shall file 40 copies of the rehearing petition and shall pay the
filing fee prescribed by Rule 38(b), except that a
petitioner proceeding in forma pauperis under Rule
39, including an inmate of an institution, shall file the number of copies
required for a petition by such a person under Rule 12.2.
The petition shall state its grounds briefly and distinctly and shall be
served as required by Rule 29. The petition shall be
presented together with certification of counsel (or of a party unrepresented
by counsel) that it is presented in good faith and not for delay; one copy
of the certificate shall bear the signature of counsel (or of a party unrepresented
by counsel). A copy of the certificate shall follow and be attached to each
copy of the petition. 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 in the judgment or decision.
- 2. Any petition for the rehearing of an order denying a petition for a
writ of certiorari or extraordinary writ 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 if required, but its grounds shall be limited to intervening circumstances
of a substantial or controlling effect or to other substantial grounds not
previously presented. The petition shall be presented together with certification
of counsel (or of a party unrepresented by counsel) that it 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 signature
of counsel (or of a party unrepresented by counsel). The certificate shall
be bound with each copy of the petition. The Clerk will not file a petition
without a certificate. The petition is not subject to oral argument.
- 3. The Clerk will not file any response to a petition for rehearing unless
the Court requests a response. In the absence of extraordinary circumstances,
the Court will not grant a petition for rehearing without first requesting
a response.
- 4. The Clerk will not file consecutive petitions and petitions that are
out of time under this Rule.
- 5. The Clerk will not file any brief for an amicus curiae in support
of, or in opposition to, a petition for rehearing.
- 6. If the Clerk determines that a petition for rehearing submitted timely
and in good faith is in a form that does not comply with this Rule or with Rule
33 or Rule 34, the Clerk will return it with a
letter indicating the deficiency. A corrected petition for rehearing submitted in accordance with Rule 29.2 no more than 15 days after the date of the Clerk's letter will be deemed
timely.
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