Rule 13. Review on Certiorari: Time for Petitioning
- 1. Unless otherwise provided by law, 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 or a United States court of appeals (including the United
States Court of Appeals for the Armed Forces) is timely when it is filed
with the Clerk of this Court within 90 days after entry of the judgment.
A petition for a writ of certiorari seeking review of a judgment of a lower
state court that is subject to discretionary review by the state court of
last resort is timely when it is filed with the Clerk within 90 days after
entry of the order denying discretionary review.
- 2. The Clerk will not file any petition for a writ of certiorari that
is jurisdictionally out of time. See, e. g., 28
U. S. C. §2101(c).
- 3. The time to file a petition for a writ of certiorari runs from the date of entry of the
judgment or order sought to be reviewed, and not from the issuance date of the
mandate (or its equivalent under local practice). But if a petition for rehearing is
timely filed in the lower court by any party, or if the lower court appropriately
entertains an untimely petition for rehearing or sua sponte considers
rehearing, the time to file 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 rehearing or, if rehearing is granted, the
subsequent entry of judgment.
- 4. A cross petition for a writ of certiorari is timely when it is filed
with the Clerk as provided in paragraphs 1, 3, and 5 of this Rule, or in Rule
12.5. However, a conditional cross petition (which except for Rule 12.5
would be untimely) will not be granted unless another party's timely petition
for a writ of certiorari is granted.
- 5. For good cause, a Justice may extend the time to file a petition for
a writ of certiorari for a period not exceeding 60 days. An application to
extend the time to file shall set out the basis for jurisdiction in this
Court, identify the judgment sought to be reviewed, include a copy of the
opinion and any order respecting rehearing, and set out specific reasons
why an extension of time is justified. The application must be filed with
the Clerk at least 10 days before the date the petition is due, except in
extraordinary circumstances. For the time and manner of presenting the application,
see Rules 21, 22, 30,
and 33.2. An application to extend the time to file
a petition for a writ of certiorari is not favored.