Rule 33. Document Preparation: Booklet Format; 8 1/2- by 11-Inch Paper Format
- 1. Booklet Format:
- (a) Except for a document expressly permitted by these Rules to be submitted on 8½- by 11-inch paper, see, e. g., Rules 21, 22, and 39, every document filed with the Court shall be prepared using using a standard typesetting process (e. g., hot metal, photocomposition, or computer typesetting) to produce text printed in typographic (as opposed to typewriter) characters. The process used must produce a clear, black image on white paper. The text must be reproduced with a clarity that equals or exceeds the output of a laser printer.
- (b) The text of every booklet-format document, including any appendix thereto, shall be typeset in Century family (e.g., Century Expanded, New Century Schoolbook, or Century Schoolbook) 12-point type with 2-point or more leading between lines. Quotations in excess of 50 words shall be indented. The typeface of footnotes shall be 10-point or larger with 2-point or more leading between lines. The text of the document must appear on both sides of the page.
- (c) Every booklet-format document shall be produced on paper that is opaque, unglazed, 6 1/8 by 9 1/4 inches in size, and not less than 60 pounds in weight, and shall have margins of at least three fourths of an inch on all sides. The text field, including footnotes, should be approximately 4 1/8 by 7 1/8 inches. The document shall be bound firmly in at least two places along the left margin (saddle stitch or perfect binding preferred) so as to permit easy opening, and no part of the text should be obscured by the binding. Spiral, plastic, metal, and string bindings may not be used. Copies of patent documents, except opinions, may be duplicated in such size as is necessary in a separate appendix.
- (d) Every booklet-format document shall comply with the word limits shown on the chart in subparagraph 1(g) of this Rule. The word limits do not include the pages containing the questions presented, the list of parties and corporate affiliates of the filing party, the table of contents, the table of cited authorities, the listing of counsel at the end of the document, or any appendix. The word limits include footnotes. Verbatim quotations required under Rule 14.1(f), if set out in the text of a brief rather than in the appendix, are also excluded. For good cause, the Court or a Justice may grant leave to file a document in excess of the word limits, but application for such leave is not favored. An application to exceed word limits shall comply with Rule 22 and must be received by the Clerk at least 15 days before the filing date of the document in question, except in the most extraordinary circumstances.
- (e) Every booklet-format document shall have a suitable cover consisting of 65-pound weight paper in the color indicated on the chart in subparagraph 1(g) of this Rule. If a separate appendix to any document is filed, the color of its cover shall be the same as that of the cover of the document it supports. The Clerk will furnish a color chart upon request. Counsel shall ensure that there is adequate contrast between the printing and the color of the cover. A document filed by the United States, or by any other federal party represented by the Solicitor General, shall have a gray cover. A joint appendix, answer to a bill of complaint, motion for leave to intervene, and any other document not listed in subparagraph 1(g) of this Rule shall have a tan cover.
- (f) Forty copies of a booklet-format document shall be filed.
- (g) Word limits and cover colors for booklet-format documents are as follows:
Type of Document Word Limits Color of Cover i. Petition for a Writ of Certiorari (Rule 14); Motion for Leave to file a Bill of Complaint and Brief in Support (Rule 17.3); Jurisdictional Statement (Rule 18.3); Petition for an Extraordinary Writ (Rule 20.2) 9,000 white ii. Brief in Opposition (Rule 15.3); Brief in Opposition to Motion for Leave to file an Original Action (Rule 17.5); Motion to Dismiss or Affirm (Rule 18.6); Brief in Opposition to Mandamus or Prohibition (Rule 20.3 (b)); Response to a Petition for Habeas Corpus (Rule 20.4) 9,000 orange iii. Reply to Brief in Opposition (Rules 15.6 and 17.5 ); Brief Opposing a Motion to Dismiss or Affirm (Rule 18.8 ) 3,000 tan iv. Supplemental Brief (Rules 15.8, 17, 18.10, and 25.5) 3,000 tan v. Brief on the Merits by Petitioner or Appellant (Rule 24); Exceptions by Plaintiff to Report of Special Master (Rule 17) 15,000 light blue vi. Brief on the Merits by Respondent or Appellee (Rule 24.2); Brief on the Merits for Respondent or Appellee Supporting Petitioner or Appellant (Rule 12.6); Exceptions by Party Other than Plaintiff to Report of Special Master (Rule 17) 15,000 light red vii. Reply Brief on the Merits (Rule 24.4 ) 6,000 yellow viii. Reply to Plaintiff's Exceptions to Report of Special Master (Rule 17) 15,000 orange ix. Reply to Exceptions by Party Other Than Plaintiff to Report of Special Master (Rule 17) 15,000 yellow x. Brief for an Amicus Curiae at the Petition Stage (Rule 37.2) 6,000 cream xi. Brief for an Amicus Curiae in Support of the Plaintiff, Petitioner, or Appellant, or in Support of Neither Party, on the Merits, or in an Original Action at the Exceptions Stage (Rule 37.3 ) 9,000 light green xii. Brief for an Amicus Curiae in Support of the Defendant, Respondent, or Appellee, on the Merits or in an Original Action at the Exceptions Stage (Rule 37.3) 9,000 dark green xiii.Petition for Rehearing (Rule 44) 3,000 tan
- (h) A document prepared under Rule 33.1 must be accompanied by a certificate signed by the attorney, the unrepresented party, or the preparer of the document stating that the brief complies with word limitations. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the document. The word-processing system must be set to include footnotes in the word count. The certificate must state the number of words in the document. The certificate shall accompany the document when it is presented to the Clerk for filing and shall be separate from it. If the certificate is signed by a person other than a member of the Bar of this Court, the counsel of record, or the unrepresented party, it must contain a notarized affidavit or declaration in compliance with 28 U.S.C. § 1746.
- 2. 8½- by 11-Inch Paper Format:
- (a) The text of every document, including any appendix thereto, expressly permitted by these Rules to be presented to the Court on 8½- by 11-inch paper shall appear double spaced, except for indented quotations, which shall be single spaced, on opaque, unglazed, white paper. The document shall be stapled or bound at the upper left hand corner. Copies, if required, shall be produced on the same type of paper and shall be legible. The original of any such document (except a motion to dismiss or affirm under Rule 18.6) shall be signed by the party proceeding pro se or by counsel of record who must be a member of the Bar of this Court or an attorney appointed under the Criminal Justice Act of 1964, see 18 U. S. C. §3006A(d)(6), or under any other applicable federal statute. Subparagraph 1(g) of this Rule does not apply to documents prepared under this paragraph.
- (b) Page limits for documents presented on 8½- by 11-inch paper are: 40 pages for a petition for a writ of certiorari, jurisdictional statement, petition for an extraordinary writ, brief in opposition, or motion to dismiss or affirm; and 15 pages for a reply to a brief in opposition, brief opposing a motion to dismiss or affirm, supplemental brief, or petition for rehearing. The exclusions specified in subparagraph 1(d) of this Rule apply.