U.S. Supreme Court - Rules, 1997 Changes

REVISIONS TO RULES OF THE SUPREME COURT OF THE UNITED STATES

ADOPTED JANUARY 16, 1997

EFFECTIVE MAY 1, 1997

The Clerk's Comments that accompany the revisions to the Rules are not part of the Rules. They are furnished solely to assist readers in understanding the revisions.

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.]

Rule 14.1(i)(ii). [A]ny other relevant opinions, orders, findings of fact, and conclusions of law entered in the case by courts or administrative agencies, and, if reference thereto is necessary to ascertain the grounds of the judgment, 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);

[CLERK'S COMMENT: THE WORD –RELEVANT” IS INSERTED BETWEEN THE WORDS –OTHER” AND –OPINIONS” TO ELIMINATE ANY INFERENCE THAT ALL LOWER COURT ORDERS MUST BE INCLUDED IN THE APPENDIX.]

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Rule 18.3. No more than 60 days after filing the notice of appeal in the district court, the appellant shall file 40 copies of a jurisdictional statement and shall pay the Rule 38 docket fee, except that an appellant 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, together with a motion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to each copy of the jurisdictional statement. The jurisdictional statement shall follow, insofar as applicable, the form for a petition for a writ of certiorari prescribed by Rule 14, and shall be served as required by Rule 29. The case will then be placed on the docket. It is the appellant's duty to notify all appellees promptly, on a form supplied by the Clerk, of the date of filing, the date the case was placed on the docket, and the docket number of the case. The notice shall be served as required by Rule 29. The appendix shall include a copy of the notice of appeal showing the date it was filed in the district court. For good cause, a Justice may extend the time to file a jurisdictional statement for a period not exceeding 60 days. An application to extend the time to file a jurisdictional statement shall set out the basis for jurisdiction in this Court; identify the judgment sought to be reviewed; include a copy of the opinion, any order respecting rehearing, and the notice of appeal; and set out specific reasons why 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.

[CLERK'S COMMENT: LANGUAGE CONCERNING THE APPELLANT'S DUTY TO NOTIFY THE APPELLEES IS ADDED AFTER THE SECOND SENTENCE. SIMILAR LANGUAGE APPEARS IN RULES 12.3 AND 18.4.]

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Rule 20.4(b). Habeas corpus proceedings, except in capital cases, are ex parte, unless the Court requires the respondent to show cause why the petition for a writ of habeas corpus should not be granted. A response, if ordered, or in a capital case, shall comply fully with Rule 15. Neither the denial of the petition, without more, nor an order of transfer to a district court under the authority of 28 U. S. C. §2241(b), is an adjudication on the merits, and therefore does not preclude further application to another court for the relief sought.

[CLERK'S COMMENT: THE WORDS –EXCEPT IN CAPITAL CASES” IN THE FIRST SENTENCE ARE ADDED TO REFLECT THE DESIRE OF THE COURT TO RECEIVE RESPONSES IN CAPITAL CASES, AND THE WORDS –OR IN A CAPITAL CASE” IN THE SECOND SENTENCE ARE ADDED FOR CLARITY.]

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Rule 21.4. Any response to a motion shall be filed as promptly as possible considering the nature of the relief sought and any asserted need for emergency action, and, in any event, within 10 days of receipt, unless the Court or a Justice, or the Clerk under Rule 30.4, orders otherwise. A response to a motion prepared as required by Rule 33.1, except a response to a motion for leave to file an amicus curiae brief (see Rule 37.5), shall be prepared in the same manner if time permits. In an appropriate case, the Court may act on a motion without waiting for a response.

[CLERK'S COMMENT: THE WORDS –EXCEPT A RESPONSE TO A MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF (SEE RULE 37.5)” ARE ADDED FOR CLARITY.]

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Rule 25.3. 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.]

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Rule 29.2. 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.]

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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 PHRASE –AND BEARING THE ADDRESS AND TELEPHONE NUMBER OF SUCH COUNSEL– IS ADDED AFTER THE WORD –SERVED” IN RULE 29.5(A) TO PROVIDE INFORMATION NEEDED BY THE CLERK'S OFFICE.]

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Rule 37.6. Except for briefs presented on behalf of amicus curiae listed in Rule 37.4, a brief filed under this Rule shall indicate whether counsel for a party authored the brief in whole or in part and shall identify every person or entity, other than the amicus curiae, its members, or its counsel, who made a monetary contribution to the preparation or submission of the brief. The disclosure shall be made in the first footnote on the first page of text.

[CLERK'S COMMENT: RULE 37.6 IS ADDED TO RULE 37 TO IDENTIFY THOSE, OTHER THAN THE AMICUS CURIAE, ITS MEMBERS, OR ITS COUNSEL, WHO MADE A CONTRIBUTION TO THE PREPARATION OR SUBMISSION OF THE BRIEF.]

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Rule 39.1. A party seeking to proceed in forma pauperis shall file a motion for leave to do so, together with the party's notarized affidavit or declaration (in compliance with 28 U. S. C. §1746) in the form prescribed by the Federal Rules of Appellate Procedure, Form 4. The motion shall state whether leave to proceed in forma pauperis was sought in any other court and, if so, whether leave was granted. If the United States district court or the United States court of appeals has appointed counsel under the Criminal Justice Act of 1964, 18 U. S. C. §3006A, or under any other applicable federal statute, no affidavit or declaration is required, but the motion shall cite the statute under which counsel was appointed.

[CLERK'S COMMENT: THE CITATION TO 28 U. S. C. §1915 IS DELETED AS THE PRISON LITIGATION REFORM ACT OF 1996 AMENDED THE PROVISION SO THAT PORTIONS OF IT NO LONGER ARE APPLICABLE TO THIS COURT.]

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Rule 40.1. A veteran suing to establish reemployment rights under any provision of law exempting veterans from the payment of fees or court costs, may file a motion for leave to proceed on papers prepared as required by Rule 33.2. The motion shall ask leave to proceed as a veteran and be accompanied by an affidavit or declaration setting out the moving party's veteran status. A copy of the motion shall precede and be attached to each copy of the petition for a writ of certiorari or other substantive document filed by the veteran.

[CLERK'S COMMENT: THE CITATION TO 38 U. S. C. §2022 IS DELETED AS THAT PROVISION NO LONGER EXISTS.]

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