Rules of the Supreme Court of the United States

# Rules of the Supreme Court of the United States Adopted and Effective March 16, 2025 ## Part I. The Court. ### Rule 1. Clerk. 1. The Clerk receives documents for fling with the Court and has authority to reject any submitted fling that does not comply with these Rules. 2. The Clerk maintains the Court’s records and will not permit any of them to be removed from the Court building except as authorized by the Court. Any document filed with the Clerk and made a part of the Court’s records may not thereafter be withdrawn from the official Court files. After the conclusion of proceedings in this Court, original records and documents transmitted to this Court by any other court will be returned to the court from which they were received. 3. In the absence of a Clerk, the Chief Justice may perform the duties of the Clerk, or he may designate another Justice. ### Rule 2. Term. The Court holds a continuous annual Term commencing on the first Monday in October and ending on the day before the first Monday in October of the following year. See Judiciary Act of 2025, tit. I, §102. At the end of each Term, all cases pending on the docket are continued to the next Term. ### Rule 3. Sessions and Quorum. 1. Open sessions of the Court are held at times and dates as it orders, and thereafter as announced by the Court. 2. Three Members of the Court constitute a quorum. See Judiciary Act of 2025, tit. I, §101. In the absence of a quorum on any day appointed for holding a session of the Court, the Justices attending—or if no Justice is present, the Clerk or a Deputy Clerk—may announce that the Court will not meet until there is a quorum. ## Part II. Attorneys and Counselors. ### Rule 4. Admission to the Bar. 1. To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in any of the federal District Courts for a period of at least 2 weeks immediately before the date of application; must not have been the subject of any adverse disciplinary action pronounced or in effect during that 2-week period; and must appear to the Court to be of good moral and professional character. 2. Each applicant shall file with the Clerk 1. evidence showing the applicant's admission to practice at a federal District Court and the applicant's current good standing, and 2. a completely executed copy of the form approved by this Court and furnished by the Clerk containing the signatures of two sponsors. Both sponsors must be either members of the Bar of this Court, federal District Court Judges, or Justices of this Court. 3. If the documents submitted demonstrate that the applicant possesses the necessary qualifications, and if the applicant has signed the oath or affirmation, the Clerk will notify the applicant of acceptance by the Court as a member of the Bar and issue a certificate of admission. 4. Each applicant shall sign the following oath or affirmation: I, ..............., do solemnly swear (or affirm) that as an attorney and as a counselor of this Court, I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States. ### Rule 5. Argument Pro Hac Vice. 1. An attorney not admitted to practice in any of the federal District Courts for the requisite two weeks, but otherwise eligible for admission to practice in this Court under Rule 4.1, may be permitted to argue pro hac vice. 2. An attorney qualified to practice in the courts of a foreign state may be permitted to argue pro hac vice. 3. Oral argument pro hac vice is allowed only on motion of the counsel of record for the party on whose behalf leave is requested. The motion shall state concisely the qualifications of the attorney who is to argue pro hac vice. It shall be filed with the Clerk, in the form required by Rule 19 , no later than the date on which the respondent's or appellee's brief on the merits is due to be filed and it shall be accompanied by proof of service as required by Rule 26. ### Rule 6. Prohibition Against Practice. No employee of this Court shall practice as an attorney or counselor in any court or before any agency of government while employed by the Court; nor shall any person after leaving such employment participate in any professional capacity in any case pending before this Court or in any case being considered for filing in this Court, until two weeks have elapsed after separation; nor shall a former employee ever participate in any professional capacity in any case that was pending in this Court during the employee's tenure. ### Rule 7. Disbarment and Disciplinary Action. 1. Whenever a member of the Bar of this Court has been disbarred or suspended from practice in any court of record, or has engaged in conduct unbecoming a member of the Bar of this Court, the Court will enter an order suspending that member from practice before this Court and affording the member an opportunity to show cause, within 5 days, why a disbarment order should not be entered. Upon response, or if no response is timely filed, the Court will enter an appropriate order. 2. After reasonable notice and an opportunity to show cause why disciplinary action should not be taken, and after a hearing if material facts are in dispute, the Court may take any appropriate disciplinary action against any attorney who is admitted to practice before it for conduct unbecoming a member of the Bar or for failure to comply with these Rules or any Rule or order of the Court. ### Rule 8. Appearance of Counsel. 1. An attorney seeking to file a document in this Court in a representative capacity must first be admitted to practice before this Court as provided in Rule 4, except that admission to the Bar of this Court is not required for an attorney appointed under any applicable federal statute. The attorney whose Roblox username and Discord username appear on the cover of a document presented for filing is considered counsel of record. If the name of more than one attorney is shown on the cover of the document, the attorney who is counsel of record shall be clearly identified. See Rule... 2. An attorney representing a party who will not be filing a document shall enter a separate notice of appearance as counsel of record indicating the name of the party represented. A separate notice of appearance shall also be entered whenever an attorney is substituted as counsel of record in a particular case. ## Part III. Jurisdiction on Writ of Certiorari. ### Rule 9. Considerations Governing Review on Writ of Certiorari. Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons. The following, although neither controlling nor fully measuring the Court's discretion, indicate the character of the reasons the Court considers: * (a) A lower court judge has entered a decision in substantial conflict with the decision of another lower court judge on the same important matter; * (b) A lower court has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such departure, as to call for an exercise of this Court's supervisory power. * (c ) a lower court has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court. ### Rule 10. Certiorari to a United States District Court before Judgment. A petition for a writ of certiorari to review a case pending in a United States district court, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this Court. See Judiciary Act of 2025, tit. I, §106(b)(i). ### Rule 11. Review on Certiorari: How Sought; Parties. 1. The petition shall comply in all respects with Rule 13 and shall be submitted with proof of service as required by Rule 26. The case then will be placed on the docket. It is the petitioner's duty to notify all respondents promptly of the date of filing, the date the case was placed on the docket, and the docket number of the case. 2. Parties interested jointly, severally, or otherwise in a judgment may petition separately for a writ of certiorari; or any two or more may join in a petition. A party not shown on the petition as joined therein at the time the petition is filed may not later join in that petition. When two or more judgments are sought to be reviewed on a writ of certiorari to the same court and involve identical or closely related questions, a single petition for a writ of certiorari covering all the judgments suffices. A petition for a writ of certiorari may not be joined with any other pleading. 3. The clerk of the court having possession of the record shall keep it until notified by the Clerk of this Court to certify and transmit it. In any document filed with this Court, a party may cite or quote from the record, even if it has not been transmitted to this Court. ### Rule 12. 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 lower court is timely when it is filed with the Clerk of this Court within 14 days after entry of the judgment. 2. 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. 3. For good cause, a Justice may extend the time to file a petition for awrit of certiorari for a period not exceeding 7 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 2 days before the date the petition is due, except in extraordinary circumstances. The application must clearly identify each party for whom an extension is being sought, as any extension that might be granted would apply solely to the party or parties named in the application. For the time and manner of presenting the application, see Rules 19, 20, 27, and 28. An application to extend the time to file a petition for a writ of certiorari is not favored. ### Rule 13. Content of a Petition for a Writ of Certiorari. 1. A petition for a writ of certiorari shall contain, in the order indicated: * (a) The questions presented for review, expressed concisely in relation to the circumstances of the case, without unnecessary detail. The questions should be short and should not be argumentative or repetitive. The questions shall be set out on the first page following the cover, and no other information may appear on that page. The statement of any question presented is deemed to comprise every subsidiary question fairly included therein. Only the questions set out in the petition, or fairly included therein, will be considered by the Court. * (b) A list of all parties to the proceeding in the court whose judgment is sought to be reviewed (unless the caption of the case contains the names of all the parties); * (c ) Citations of the official and unofficial reports of the opinions and orders entered in the case by courts or administrative agencies. * (d) A concise statement of the basis for jurisdiction in this Court, showing: * (i) the date the judgment or order sought to be reviewed was entered (and, if applicable, a statement that the petition is filed under this Court's Rule 10); * (ii) the date of any order respecting rehearing, and the date and terms of any order granting an extension of time to file the petition for a writ of certiorari; and * (iii) the statutory provision believed to confer on this Court jurisdiction to review on a writ of certiorari the judgment or order in question. * (f) The constitutional provisions, treaties, statutes, ordinances, and regulations involved in the case, set out verbatim with appropriate citation. If the provisions involved are lengthy, their citation alone suffices at this point, and their pertinent text shall be set out in the appendix referred to in subparagraph 1(i). * (g) A concise statement of the case setting out the facts material to consideration of the questions presented and the procedural history. * (h) A direct and concise argument amplifying the reasons relied on for allowance of the writ. See Rule 9. 2. While not obligatory, a petition for a writ of certiorari may include the following: * a table of contents; * a table of authorities; * an appendix containing matieral the petitioner believes essential to understand the petition, including opinions and orders, whether written or orally given an transcribed, entered in conjunction with the judgment sought to be reviewed. 3. All contentions in support of a petition for a writ of certiorari shall be set out in the body of the petition, as provided in subparagraph 1(h) of this Rule. No separate brief in support of a petition for a writ of certiorari may be filed, and the Clerk will not file any petition for a writ of certiorari to which any supporting brief is annexed or appended. 4. A petition for a writ of certiorari should be stated briefly and in plain terms. 5. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to ready and adequate understanding of the points requiring consideration is sufficient reason for the Court to deny a petition. 5. If the Clerk determines that a petition submitted timely and in good faith is in a form that does not comply with this Rule or with Rule 28, the Clerk will return it with a letter indicating the deficiency. A corrected petition submitted in accordance with Rule 26 no more than 7 days after the date of the Clerk's letter will be deemed timely. ### Rule 14. Briefs in Opposition; Reply Briefs; Supplemental Briefs. 1. A brief in opposition to the petition for a writ of certiorari may be filed by the respondent in any case, but is not mandatory except when ordered by the Court. 2. A brief in opposition should be stated briefly and in plain terms. In addition to presenting other arguments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted. Counsel are admonished that they have an obligation to the Court to point out in the brief in opposition, and not later, any perceived misstatement made in the petition. Any objection to consideration of a question presented based on what occurred in the proceedings below, if the objection does not go to jurisdiction, may be deemed waived unless called to the Court's attention in the brief in opposition. 3. Any brief in opposition shall be filed within 4 days after the case is placed on the docket, unless the time is extended by the Court or a Justice, or by the Clerk under Rule 27. The brief in opposition shall comply with the requirements of Rule 22 governing a respondent's brief, except that no summary of the argument is required. A brief in opposition may not be joined with any other pleading. The brief in opposition shall be served as required by Rule 26. 4. No motion by a respondent to dismiss a petition for a writ of certiorari may be filed. Any objections to the jurisdiction of the Court to grant a petition for a writ of certiorari shall be included in the brief in opposition. 5. The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief in opposition is filed, upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the petition, brief in opposition, and any reply brief to the Court for its consideration at its soonest conference. 6. Any petitioner may file a reply brief addressed to new points raised in the brief in opposition, but distribution and consideration by the Court under paragraph 5 of this Rule will not be deferred pending its receipt. The reply brief shall be served as required by Rule 26. 7. Any party may fle a supplemental brief at any time while a petition for a writ of certiorari is pending, calling attention to new cases, new legislation, or other intervening matter not available at the time of the party’s last fling. A supplemental brief shall be restricted to new matter and shall follow, insofar as applicable, the form for a brief in opposition prescribed by this Rule. The supplemental brief shall be served as required by Rule 26. ### Rule 15. Disposition of a Petition for a Writ of Certiorari. 1. After considering the documents distributed under Rule 14, the Court will enter an appropriate order. The order may be a summary disposition on the merits. 2. Whenever the Court grants a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment is to be reviewed. The case then will be scheduled for briefing and oral argument. If the record has not previously been filed in this Court, the Clerk will request the clerk of the court having possession of the record to certify and transmit it. A formal writ will not issue unless specially directed. 3. Whenever the Court denies a petition for a writ of certiorari, the Clerk will prepare, sign, and enter an order to that effect and will notify forthwith counsel of record and the court whose judgment was sought to be reviewed. The order of denial will not be suspended pending disposition of a petition for rehearing except by order of the Court. ## Part IV. Other Jurisdiction. ### Rule 16. Procedure in an Original Action. 1. This Rule applies only to an action invoking the Court’s original jurisdiction under Article III of the Constitution of the United States. See also Judiciary Act of 2025, tit. I, §106(a) and U. S. Const., Amdt. 11. 2. The form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed. In other respects, those Rules and the Federal Rules of Evidence may be taken as guides. 3. The initial pleading shall be preceded by a motion for leave to file, and may be accompanied by a brief in support of the motion. Service shall be as required by Rule 26, except that when an adverse party is an inferior jurisdiction, service shall be made on both the chief executive and the Attorney General of that inferior jurisdiction. 4. The case will be placed on the docket when the motion for leave to file and the initial pleading are filed with the Clerk. 5. No more than 7 days after receiving the motion for leave to file and the initial pleading, an adverse party shall file a brief in opposition to the motion, with proof of service as required by Rule 26. The Clerk will distribute the filed documents to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief is filed, upon the expiration of the time allowed for filing. A reply brief may be filed, but consideration of the case will not be deferred pending its receipt. The Court thereafter may grant or deny the motion, set it for oral argument, direct that additional documents be filed, or require that other proceedings be conducted. ### Rule 17. Appeal from a United States District Court. 1. When a direct appeal from a decision of a United States district court is authorized by law, the appeal is commenced by filing a notice of appeal with the clerk of the district court within the time provided by law after entry of the judgment sought to be reviewed. The time to file may not be extended. The notice of appeal shall specify the parties taking the appeal, designate the judgment, or part thereof, appealed from and the date of its entry, and specify the statute or statutes under which the appeal is taken. A copy of the notice of appeal shall be served on all parties to the proceeding as required by Rule 26, and proof of service shall be filed in the district court together with the notice of appeal. 2. All parties to the proceeding in the district court are deemed parties entitled to file documents in this Court, but a party having no interest in the outcome of the appeal may so notify the Clerk of this Court and shall serve a copy of the notice on all other parties. Parties interested jointly, severally, or otherwise in the judgment may appeal separately, or any two or more may join in an appeal. When two or more judgments involving identical or closely related questions are sought to be reviewed on appeal from the same court, a notice of appeal for each judgment shall be filed with the clerk of the district court, but a single jurisdictional statement covering all the judgments suffices. Parties who file no document will not qualify for any relief from this Court. 3. No more than 7 days after filing the notice of appeal in the district court, the appellant shall file a jurisdictional statement. The jurisdictional statement shall follow, insofar as applicable, the form for a petition for a writ of certiorari prescribed by Rule 13, and shall be served as required by Rule 26. The case will then be placed on the docket. It is the appellant’s duty to notify all appellees promptly of the date of filing and the docket number of the case. The notice shall be served as required by Rule 26. For good cause, a Justice may extend the time to file a jurisdictional statement for a period not exceeding 7 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 19, 20, and 27. An application to extend the time to file a jurisdictional statement is not favored. 4. After a notice of appeal has been filed in the district court, but before the case is placed on this Court’s docket, the parties may dismiss the appeal by stipulation filed in the district court, or the district court may dismiss the appeal on the appellant’s motion, with notice to all parties. If a notice of appeal has been filed, but the case has not been placed on this Court’s docket within the time prescribed for docketing, the district court may dismiss the appeal on the appellee’s motion, with notice to all parties. If the district court has denied the appellee’s motion to dismiss the appeal, the appellee may move this Court to docket and dismiss the appeal by filing a motion presented in conformity with Rules 19 and 28. The motion shall be accompanied by proof of service as required by Rule 26, and by an appendix with the notice of appeal filed in the district court, the appellee’s motion to dismiss, and the order denying appellee’s motion to dismiss. The appellant may not thereafter file a jurisdictional statement without special leave of the Court. 5. Within 5 days after the case is placed on this Court’s docket, the appellee may file a motion to dismiss, to affirm, or in the alternative to affirm or dismiss. The motion shall follow, insofar as applicable, the form for a brief in opposition prescribed by Rule 14, and shall comply in all respects with Rule 19. 6. The Clerk will distribute the jurisdictional statement to the Court for its consideration upon receiving an express waiver of the right to file a motion to dismiss or to affirm or, if no waiver or motion is filed, upon the expiration of the time allowed for filing. If a motion to dismiss or to affirm is timely filed, the Clerk will distribute the jurisdictional statement, motion, and any brief opposing the motion to the Court for its consideration. 7. Any appellant may file a brief opposing a motion to dismiss or to affirm, but distribution and consideration by the Court under paragraph 6 of this Rule will not be deferred pending its receipt. The brief shall be served as required by Rule 26. 8. Any party may file a supplemental brief at any time while a jurisdictional statement is pending, calling attention to new cases, new legislation, or other intervening matter not available at the time of the party’s last filing. A supplemental brief shall be restricted to new matter and shall follow, insofar as applicable, the form for a brief in opposition prescribed by Rule 14. The supplemental brief shall be served as required by Rule 26. 9. The clerk of the district court shall retain possession of the record until notified by the Clerk of this Court to certify and transmit it. See Rule 11.3. 10. After considering the documents distributed under this Rule, the Court may dispose summarily of the appeal on the merits, note probable jurisdiction, or postpone consideration of jurisdiction until a hearing of the case on the merits. If not disposed of summarily, the case stands for briefing and oral argument on the merits. If consideration of jurisdiction is postponed, counsel, at the outset of their briefs and at oral argument, shall address the question of jurisdiction. If the record has not previously been filed in this Court, the Clerk of this Court will request the clerk of the court in possession of the record to certify and transmit it. 11. If the Clerk determines that a jurisdictional statement submitted timely and in good faith is in a form that does not comply with this Rule or with Rule 28, the Clerk will return it with a letter indicating the deficiency. If a corrected jurisdictional statement is submitted in accordance with Rule 26.2 no more than 7 days after the date of the Clerk’s letter it will be deemed timely. ### Rule 18. Procedure on a Certified Question. 1. A United States district court may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises. Only questions or propositions of law may be certified, and they shall be stated separately and with precision. The certificate shall be prepared as required by Rule 28 and shall be signed by the clerk of the district court. 2. When a question is certified by a United States district court, this Court, on its own motion or that of a party, may consider and decide the entire matter in controversy. See Judiciary Act of 2025, tit. I, §106(b)(ii). 3. When a question is certified, the Clerk will notify the parties and docket the case. Counsel shall then enter their appearances. After docketing, the Clerk will submit the certificate to the Court for a preliminary examination to determine whether the case should be briefed, set for argument, or dismissed. No brief may be filed until the preliminary examination of the certificate is completed. 4. If the Court orders the case briefed or set for argument, the parties will be notified and permitted to file briefs. The Clerk of this Court then will request the clerk of the court in possession of the record to certify and transmit it. 5. A brief on the merits in a case involving a certified question shall comply with Rules 22, 23, and 28. ## Part V. Motions and Applications. ### Rule 19. Motions to the Court. 1. Every motion to the Court shall clearly state its purpose and the facts on which it is based and may present legal argument in support thereof. No separate brief may be filed. A motion should be concise and shall comply with any applicable page limits. Non-dispositive motions and applications in cases in which certiorari has been granted, probable jurisdiction noted, or consideration of jurisdiction postponed shall state the position on the disposition of the motion or application of the other party or parties to the case. Rule 20 governs an application addressed to a single Justice 2. * (a) A motion in any action within the Court’s original jurisdiction shall comply with Rule 16. * (b) A motion to dismiss as moot (or a suggestion of mootness), a motion for leave to file a brief as *amicus curiae*, and any motion the granting of which would dispose of the entire case or would affect the final judgment to be entered (other than a motion to docket and dismiss under Rule 17.4 or a motion for voluntary dismissal under Rule 33) shall be prepared as required by Rule 28. The motion shall be served as required by Rule 26. * (c ) Any other motion to the Court shall be prepared as required by Rule 28; the moving party shall file the motion. 3. A motion to the Court shall be filed with the Clerk and shall be accompanied by proof of service as required by Rule 26. No motion may be presented in open Court. Oral argument on a motion will not be permitted unless the Court so directs. 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 2 days of receipt, unless the Court or a Justice, or the Clerk under Rule 27.4, orders otherwise. A response to a motion prepared as required by Rule 28, except a response to a motion for leave to file an *amicus curiae* brief, 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 ### Rule 20. Applications to Individual Justices. 1. The Chief Justice shall publicly designate himself or an Associate Justice as the Justice responsible for applications addressed to an individual Justice. The Chief Justice may make such designations by an order of the Court. 2. An application addressed to an individual Justice shall be filed with the Clerk, who will transmit it promptly to the Justice concerned if an individual Justice has authority to grant the sought relief. 3. Any application addressed to an individual Justice shall be prepared as required by Rule 28, and shall be accompanied by proof of service as required by Rule 26. 4. An application shall be addressed to the Justice designated as responsible under paragraph 1 of this Rule. When the Applications Justice is unavailable for any reason, the application addressed to that Justice will be distributed to the Justice then available who is next junior to the Applications Justice; the turn of the Chief Justice follows that of the most junior Justice. 5. A Justice denying an application will note the denial thereon. 6. A Justice to whom an application is submitted may refer it to the Court for determination. 7. The Clerk will advise all parties concerned, by appropriately speedy means, of the disposition made of an application. ### Rule 21. Stays. 1. A stay may be granted by a Justice as permitted by law. A party to a judgment sought to be reviewed may present to a Justice an application to stay the enforcement of that judgment. 2. An application for a stay shall set out with particularity why the relief sought is not available from any other court or judge. Except in the most extraordinary circumstances, an application for a stay will not be entertained unless the relief requested was first sought in the appropriate court or courts below or from a judge or judges thereof. An application for a stay shall identify the judgment sought to be reviewed and have appended thereto a copy of the order and opinion, if any, and a copy of the order, if any, of the court or judge below denying the relief sought, and shall set out specific reasons why a stay is justified. The form and content of an application for a stay are governed by Rules 20 and 28. ## Part VI Briefs on the Merits and Oral Arguments. ### Rule 22. Briefs on the Merits; In General. 1. A brief on the merits for a petitioner or an appellant shall comply in all respects with Rules 28 and shall contain in the order here indicated: * (a) The questions presented for review under Rule 13.1(a). The questions shall be set out on the first page following the cover, and no other information may appear on that page. The phrasing of the questions presented need not be identical with that in the petition for a writ of certiorari or the jurisdictional statement, but the brief may not raise additional questions or change the substance of the questions already presented in those documents. At its option, however, the Court may consider a plain error not among the questions presented but evident from the record and otherwise within its jurisdiction to decide. * (b) A list of all parties to the proceeding in the court whose judgment is under review (unless the caption of the case in this Court contains the names of all parties). * (c ) Citations of the opinions and orders entered in the case by courts and administrative agencies. * (d) A concise statement of the basis for jurisdiction in this Court, including the statutory provisions and time factors on which jurisdiction rests. * (e) The constitutional provisions, treaties, statutes, ordinances, and regulations involved in the case, set out verbatim with appropriate citation. If the provisions involved are lengthy, their citation alone suffices at this point, and their pertinent text, if not already set out in the petition for a writ of certiorari, jurisdictional statement, or an appendix to either document, shall be set out in an appendix to the brief. * (f) A concise statement of the case, setting out the facts material to the consideration of the questions presented, with appropriate references to the appendix, e. g., App. 12, if any, or to the record, e. g., Record 12. * (g) A summary of the argument, suitably paragraphed. The summary should be a clear and concise condensation of the argument made in the body of the brief; mere repetition of the headings under which the argument is arranged is not sufficient. * (h) The argument, exhibiting clearly the points of fact and of law presented and citing the authorities and statutes relied on. A conclusion specifying with particularity the relief the party seeks. 2. While not obligatory, a brief on the merits may include the following: * (a) a table of contents; * (b) a table of authorities; * (c ) an appendix. 3. A brief on the merits for a respondent or an appellee shall conform to the foregoing requirements, except that items required by subparagraphs 1(a), (b), (c ), (d), (e), and (f) of this Rule need not be included unless the respondent or appellee is dissatisfied with their presentation by the opposing party. 4. An appendix to a brief may include only relevant material, and counsel are cautioned not to include in an appendix arguments or citations that properly belong in the body of the brief. 5. A reply brief shall conform to those portions of this Rule applicable to the brief for a respondent or an appellee, but, if appropriately divided by topical headings, need not contain a summary of the argument. 6. A reference to the appendix or to the record set out in any brief shall indicate the appropriate page number. If the reference is to an exhibit, the page numbers at which the exhibit appears, at which it was offered in evidence, and at which it was ruled on by the judge shall be indicated, e. g., Pl. Exh. 14, Record 199, 2134. 7. A brief shall be concise, logically arranged with proper headings, and free of irrelevant, immaterial, or scandalous matter. The Court may disregard or strike a brief that does not comply with this paragraph. ### Rule 23. Briefs on the Merits; Time to File. 1. The petitioner or appellant shall file the brief on the merits within 5 days of the order granting the writ of certiorari, noting probable jurisdiction, or postponing consideration of jurisdiction. Any respondent or appellee who supports the petitioner or appellant shall meet the petitioner’s or appellant’s time schedule for filing documents. 2. The respondent or appellant shall file the brief on the merits within 4 days after the brief for the petitioner or appellant is filed. 3. The petitioner or appellant shall file the reply brief, if any, within 4 days after the brief for the respondent or appellant is filed. Any respondent or appellee supporting the petitioner or appellant may file a reply brief. 4. The time periods stated in paragraphs 1, 2, and 3 of this Rule may be extended as provided in Rule 27. An application or a motion to extend the time to file a brief on the merits is not favored. If a case is advanced for hearing, the time to file briefs on the merits may be abridged as circumstances require pursuant to an order of the Court on its own motion or that of a party. 5. A party wishing to present late authorities, newly enacted legislation, or other intervening matter that was not available in time to be included in a brief may file a supplemental brief, restricted to such new matter and otherwise presented in conformity with these Rules, up to the time the case is called for oral argument or by leave of the Court thereafter. 6. After a case has been argued or submitted, the Clerk will not file any brief, except that of a party filed by leave of the Court. 7. The Clerk will not file any brief that is not accompanied by proof of service as required by Rule 26. ### Rule 24. Calendar. 1. From time to time, the Clerk will prepare a calendar of cases ready for argument. The Clerk will advise counsel when they are required to appear for oral argument and will publish a hearing list in advance of each argument session for the convenience of counsel and the information of the public. 2. The Court, on its own motion or that of a party, may order that two or more cases involving the same or related questions be argued together as one case or on such other terms as the Court may prescribe. ### Rule 25. Oral Argument. 1. Oral argument should emphasize and clarify the written arguments in the briefs on the merits. Counsel should assume that all Justices have read the briefs before oral argument. Oral argument read from a prepared text is not favored. 2. The petitioner or appellant shall open and may conclude the argument. 3. Unless the Court directs otherwise, each side is allowed one-half hour for argument. Counsel is not required to use all the allotted time. Any request for additional time to argue shall be presented by motion under Rule 19 no later than one day after the respondent’s or appellee’s brief on the merits is filed, and shall set out specifically and concisely why the case cannot be presented within the half-hour limitation. Additional time is rarely accorded. 4. Only one attorney will be heard for each side, except by leave of the Court on motion filed no later than one day after the respondent’s or appellee’s brief on the merits is filed. Any request for divided argument shall be presented by motion under Rule 19 and shall set out specifically and concisely why more than one attorney should be allowed to argue. Divided argument is not favored. 5. Regardless of the number of counsel participating in oral argument, counsel making the opening argument shall present the case fairly and completely and not reserve points of substance for rebuttal. 6. Oral argument will not be allowed on behalf of any party for whom a brief has not been filed. 7. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an *amicus curiae* whose brief has been filed as provided in Rule 28 may argue orally on the side of a party, with the consent of that party. In the absence of consent, counsel for an *amicus curiae* may seek leave of the Court to argue orally by a motion setting out specifically and concisely why oral argument would provide assistance to the Court not otherwise available. Such a motion will be granted only in the most extraordinary circumstances. 8. Oral arguments may be presented only by members of the Bar of this Court. Attorneys who are not members of the Bar of this Court may make a motion to argue pro hac vice under the provisions of Rule 5. ### Rule 26. Filing and Service of Documents. 1. Any document required or permitted to be presented to the Court or to a Justice shall be filed with the Clerk in paper form. 2. A document is timely filed if it is received by the Clerk in paper form within the time specified for filing. 3. Any document required by these Rules to be served may be served personally, through counsel, or by a third party not related to the proceedings within 12 hours at the time of filing on each party to the proceeding. The Court will ask for adequate and sufficient proof of service. Service through Court systems suffices and the Court may not ask for additional proof of service. Ordinarily, service on a party must be by a manner at least as expeditious as the manner used to file the document with the Court. 4. If the United States or any federal department, office, agency, officer, or employee is a party to be served, service shall be made on the Solicitor General or the Attorney General. When an agency of the United States that is a party is authorized by law to appear before this Court on its own behalf, or when an officer or employee of the United States is a party, the agency, officer, or employee shall be served in addition to the Solicitor General or the Attorney General. Service to the Solicitor General is favorable. ### Rule 27. Computation and Extension of Time. 1. In the computation of any period of time prescribed or allowed by these Rules, by order of the Court, or by an applicable statute, the day of the act, event, or default from which the designated period begins to run is not included. The last day of the period shall be included, unless it is a federal legal holiday or day on which the Court building is closed by order of the Court or the Chief Justice, in which event the period shall extend until the end of the next day that is not a federal legal holiday or day on which the Court building is closed. 2. Whenever a Justice or the Clerk is empowered by law or these Rules to extend the time to file any document, an application or motion seeking an extension shall be filed within the period sought to be extended. An application to extend the time to file a petition for a writ of certiorari or to file a jurisdictional statement must be filed at least 2 days before the specified final filing date as computed under these Rules; if filed less than 10 days before the final filing date, such application will not be granted except in the most extraordinary circumstances. 3. An application to extend the time to file a petition for a writ of certiorari, to file a jurisdictional statement, to file a reply brief on the merits, or to file a petition for rehearing of any judgment or decision of the Court on the merits shall be made to an individual Justice and presented and served on all other parties as provided by Rule 20. Once denied, such an application may not be renewed. 4. A motion to extend the time to file any document or paper other than those specified in paragraph 3 of this Rule may be presented in the form of a letter to the Clerk setting out specific reasons why an extension of time is justified. The letter shall be served on all other parties as required by Rule 26. The motion may be acted on by the Clerk in the first instance, and any party aggrieved by the Clerk’s action may request that the motion be submitted to a Justice or to the Court. The Clerk will report action under this paragraph to the Court as instructed. ### Rule 28. Document Preparation. 1. Every document shall be presented to the Court on 8 1⁄2- by 11-inch paper on opaque, unglazed, white paper. 2. Every document shall be presented to the Court in Printable Document Format, except when otherwise directed by the Court. 3. The text of every document, including any appendix thereto, shall be typeset in Times New Roman or a Century family (e. g., Century Expanded, New Century Schoolbook, or Century Schoolbook). 4. Each document shall bear on its cover, in the order indicated, from the top of the page: * (a) the docket number of the case or, if there is none, a space for one; * (b) the name of this Court; * (c )the caption of the case as appropriate in this Court; * (d) the nature of the proceeding and the name of the court from which the action is brought (e. g., “On Petition for Writ of Certiorari to the United States District Court for the District of Columbia”; or, for a merits brief, “On Writ of Certiorari to the United States District Court for the District of Columbia”); * (e) the title of the document (e. g., “Petition for Writ of Certiorari,” “Brief for Respondent,” “Joint Appendix”); * (f) the name of the attorney who is counsel of record for the party concerned (who must be a member of the Bar of this Court). Only one counsel of record may be noted on a single document, except that counsel of record for each party must be listed on the cover of a joint appendix. 5. Every appendix to a document, including a statutory appendix, must include at the beginning of the appendix a table of contents that provides a description of each document in the appendix. 6. Where circumstances warrant, a party may file a motion for leave to file material under seal. * (a) A motion to file material under seal should address whether the material in question was sealed in a lower court and, where applicable, provide a copy of the sealing order. * (b) If the material was filed under seal in a lower court, the motion should identify the reasons that the material was sealed, state whether the seal remains in effect as to each of the relevant documents, and address why it remains necessary to continue to maintain the confidentiality of the information in this Court. If the material was not filed under seal in a lower court, the motion should state with specificity why sealing is necessary in this Court in the first instance. * (c ) Where possible, the movant should provide a redacted copy of the material for the public record. If this is not feasible, the motion should state the reasons that it is not. Where the material sought to be filed under seal is part of an appendix to the filing, it should be presented in a separate, supplemental volume of the appendix. * (d) Where possible, the motion itself should be drafted so that it may be filed on the public record. If this is not feasible, the motion may be filed under seal, preferably with a redacted copy for the public record. The motion should reflect the position of other parties to the case concerning whether sealing of the material is appropriate. * (e) Material that is sought to be filed under seal should be marked ‘‘Under Seal’’ on the cover and on every page of the document. The redacted copy for the public record, when provided, should be marked ‘‘Public Copy—Sealed Materials Redacted’’ on the cover page of the document. * (f) The parties must promptly notify the Court if it is no longer necessary for material previously filed under seal to remain under seal. A motion filed under this Rule shall comply in every respect with Rule 19. Where a motion to file under seal is filed, the parties should treat the material as under seal until the Court rules on the motion. ### Rule 29. Briefs for an *Amicus Curiae*. 1. An *amicus curiae* brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An *amicus curiae* brief that does not serve this purpose burdens the Court, and its filing is not favored. An *amicus curiae* brief may be filed only by an attorney admitted to practice before this Court as provided in Rule 4. 2. An *amicus curiae* brief submitted in support of a petitioner or appellant before the Court’s consideration of a petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ may be filed if it reflects that the written consent of all parties as been provided, or if the Court grants a motion for leave to file. An *amicus curiae* brief in support of a petitioner or appellant shall be filed within 4 days after the case is placed on the docket or a response is called for by the Court, whichever is later, and that time will not be extended. An *amicus curiae* brief in support of a motion of a plaintiff for leave to file a bill of complaint in an original action shall be filed within 7 days after the case is placed on the docket, and that time will not be extended. An *amicus curiae* brief in support of a respondent, an appellee, or a defendant shall be submitted within the time allowed for filing a brief in opposition or a motion to dismiss or affirm. An *amicus curiae* filing a brief under this subparagraph shall ensure that the counsel of record for all parties receive notice of its intention to file an *amicus curiae* brief at least 2 days prior to the due date for the *amicus curiae* brief, unless the *amicus curiae* brief is filed earlier than 2 days before the due date. Only one signatory to any *amicus curiae* brief filed jointly by more than one *amicus curiae* must timely notify the parties of its intent to file that brief. The *amicus curiae* brief shall indicate that counsel of record received timely notice of the intent to file the brief under this Rule, and its cover shall identify the party supported. 4. An *amicus curiae* brief in a case before the Court after certiorari is granted or on exceptions to a report of a Special Master in an original action may be filed if it is submitted within 1 day after the brief for the party supported is filed, or if in support of neither party, within 1 day after the time allowed for filing the petitioner’s or appellant’s brief. Motions to extend the time for filing an *amicus curiae* brief will not be entertained. The 2 day notice requirement of paragraph 2 of this Rule does not apply to an *amicus curiae* brief in a case before the Court for oral argument or on exceptions to a report of a Special Master. The cover of an *amicus curiae* brief shall identify the party supported or indicate whether it suggests affirmance or reversal. The Clerk will not file a reply brief for an *amicus curiae*, or a brief for an *amicus curiae* in support of, or in opposition to, a petition for rehearing. 5. An *amicus curiae* brief in connection with an application under Rule 20 must be filed as promptly as possible considering the nature of the relief sought and any asserted need for emergency action. In light of the time-sensitivity of such applications, the filing of these briefs is discouraged, and an *amicus curiae* brief should be filed only if it brings to the attention of the Court relevant matter not already presented by the parties that will be of considerable help to the Court. The notice requirement of Rule 29.2 does not apply, but electronic transmission of the brief to the parties under Rule 26.3 must be accomplished at the time of filing. 6. A brief filed under this Rule shall be accompanied by proof of service as required by Rule 26. A brief filed under subparagraphs (2) or (3) of this Rule shall comply with the applicable provisions of Rule 28. Any brief under this Rule shall comply with the applicable provisions of Rule 22, except that it suffices to set out in the brief the interest of the *amicus curiae*, the summary of the argument, the argument, and the conclusion. ## Part VIII. Disposition of Cases. ### Rule 30. Opinions of the Court. Opinions of the Court will be released by the Clerk immediately upon their announcement from the bench, or as the Court otherwise directs. Thereafter, the Clerk will cause the opinions to be issued in slip form, and the Reporter of Decisions will prepare them for publication in the preliminary prints and bound volumes of the United States Reports. ### Rule 31. Rehearing. 1. Any petition for the rehearing of any judgment or decision of the Court on the merits shall be filed within 4 days after entry of the judgment or decision, unless the Court or a Justice shortens or extends the time. The petition shall state its grounds briefly and distinctly and shall be served as required by Rule 26. A petition for rehearing is not subject to oral argument and will not be granted except by a majority of the Court. 2. Any petition for the rehearing of an order denying a petition for a writ of certiorari or extraordinary writ shall be filed within 4 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, but its grounds shall be limited to intervening circumstances of a substantial or controlling effect or to other substantial grounds not previously presented. The time for filing a petition for the rehearing of an order denying a petition for a writ of certiorari or extraordinary writ will not be extended. 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. 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. ### Rule 32. Process; Mandates. 1. All process of this Court issues in the name of the President of the United States. 2. In a case on review from any court of the United States, a formal mandate does not issue unless specially directed; instead, the Clerk of this Court will send the clerk of the lower court a copy of the opinion or order of this Court and a certified copy of the judgment. The copy of the opinion or order and judgment will be sent as soon as possible. ### Rule 33. Dismissing Cases. 1. At any stage of the proceedings, whenever all parties file with the Clerk an agreement in writing that a case be dismissed, the Clerk, without further reference to the Court, will enter an order of dismissal. 2. * (a) A petitioner or appellant may file a motion to dismiss the case, with proof of service as required by Rule 26. No more than 3 days after service thereof, an adverse party may file an objection, limited to showing that the moving party does not represent all petitioners or appellants. The Clerk will not file any objection not so limited. * (b) When the objection asserts that the moving party does not represent all the petitioners or appellants, the party moving for dismissal may file a reply within 2 days, after which time the matter will be submitted to the Court for its determination. * (c )If no objection is filed, the Clerk, without further reference to the Court, will enter an order of dismissal. 3. No mandate or other process will issue on a dismissal under this Rule without an order of the Court.