The Clerk's Comments that accompany the proposed amendments to the Rules are not part of the Rules. They are furnished solely to assist readers in understanding the proposed amendments. Comments must be received by April 18, 1996, and should be submitted in writing to:
Clerk of the Court
Attn: Rules Committee
Supreme Court of the United States
Washington, DC 20543
Rule 12.5. No more than 30 days after a case has been placed on the docket, a respondent seeking to file a conditional cross-petition (i. e., a cross-petition that otherwise would be untimely) shall file, with proof of service as required by Rule 29, 40 copies of the cross-petition prepared as required by Rule 33.1, except that a cross-petitioner proceeding in forma pauperis under Rule 39 shall comply with Rule 12.2. The cross-petition shall comply in all respects with this Rule and Rule 14, except that material already reproduced in the appendix to the opening petition need not be reproduced again. A cross-petitioning respondent shall pay the Rule 38(a) docket fee or submit a motion for leave to proceed in forma pauperis. The cover of the cross-petition shall indicate clearly that it is a conditional cross-petition. The cross-petition then will be placed on the docket, subject to the provisions of Rule 13.4. It is the cross-petitioner's duty to notify all cross-respondents promptly, on a form supplied by the Clerk, of the date of filing, the date the cross-petition was placed on the docket, and 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, except that any motion for leave to proceed in forma pauperis shall be attached. The time to file a conditional cross-petition will not be extended.
[Clerk's Comment: The word "conditional" is added to the last sentence for clarity.]
[Ed: Current Rule 12]
Rule25.3. The petitioner or appellant shall file 40 copies of the reply brief, if any, within 30 days after receiving the brief for the respondent or appellee, but any reply brief must actually be received by the Clerk not later than one week before the date of oral argument.
[Clerk's Comment: The words "not later than one week before" replace the words "no more than one week before" to make it clear when reply briefs are to be submitted.]
[Ed: Current Rule 25]
Rule29.2. A document is timely filed if it is received by the Clerk within the time specified for filing; or if it is sent to the Clerk through the United States Postal Service by first-class mail (including express or priority mail), postage prepaid, and bears a postmark showing that the document was mailed on or before the last day for filing. Commercial postage meter labels alone are not acceptable. If submitted by an inmate confined in an institution, a document is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U. S. C. 1746 setting out the date of deposit and stating that first-class postage has been prepaid. If the postmark is missing or not legible, the Clerk will require the person who mailed the document to submit a notarized statement or declaration in compliance with 28 U. S. C. 1746 setting out the details of the mailing and stating that the mailing took place on a particular date within the permitted time. A document also is timely filed if it is forwarded through a private delivery or courier service and is actually received by the Clerk within the time permitted for filing.
[Clerk's Comment: The words "received by the Clerk within the time specified for filing; or if it is" are added to the first sentence to make it clear that documents can be hand delivered to the Court for filing.]
[Ed: Current Rule 29]
Rule 29.5. Proof of service, when required by these Rules, shall accompany the document when it is presented to the Clerk for filing and shall be separate from it. Proof of service shall contain, or be accompanied by, a statement that all parties required to be served have been served, together with a list of the names, addresses, and telephone numbers of counsel indicating the name of the party or parties each counsel represents. It is not necessary that service on each party required to be served be made in the same manner or evidenced by the same proof. Proof of service may consist of any one of the following:
(a) an acknowledgment of service, signed by counsel of record for the party served, and bearing the address and telephone number of such counsel;
[Clerk's Comment: The words ", and bearing the address and telephone number of such counsel" are added after the word "counsel" in Rule 29.5(a) to provide information needed by the Clerk's Office.]
[Ed: Current Rule 29]
Rule 37.6. Except for briefs presented on behalf of amicus curiae listed in Rule 37.4, a brief filed under this Rule shall identify, in the bottom margin of the first page of text, every person or entity, other than the amicus curiae or its counsel, who made any contribution, in money or services, to the cost of preparing and submitting the brief.
[Clerk's Comment: Rule 37.6 is added to Rule 37 to identify those, other than counsel and amicus curiae, who are responsible for assisting in preparing and submitting amicus curiae briefs.]
[Ed: Current Rule 37]