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SUPREME COURT OF THE U.S. - RULES
..Part III. Jurisdiction on Writ of Certiorari
Rule 12. Review on Certiorari: How Sought; Parties
- 1. Except as provided in paragraph 2 on this Rule, the petitioner shall
file 40 copies of a petition for a writ of certiorari, prepared as required
by Rule 33.1, and shall pay the Rule
38(a) docket fee.
- 2. A petitioner proceeding in forma pauperis under Rule
39 shall file an original and 10 copies of a petition for a writ of
certiorari prepared as required by Rule 33.2, together
with an original and 10 copies of the motion for leave to proceed in
forma pauperis. A copy of the motion shall precede and be attached
to each copy of the petition. An inmate confined in an institution, if
proceeding in forma pauperis and not represented by counsel, need
file only an original petition and motion.
- 3. Whether prepared under to Rule 33.1 or Rule
33.2, the petition shall comply in all respects with Rule
14 and shall be submitted with proof of service as required by Rule
29. The case then will be placed on the docket. It is the petitioner's
duty to notify all respondents 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.
- 4. 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, except
that any motion for leave to proceed in forma pauperis shall be attached.
- 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 cross petition will not be extended.
- 6. All parties to the proceeding in the court whose judgment is sought
to be reviewed are deemed parties entitled to file documents in this Court,
unless the petitioner notifies the Clerk of this Court in writing of the
petitioner's belief that one or more of the parties below have no interest
in the outcome of the petition. A copy of such notice shall be served as
required by Rule 29 on all parties to the proceeding
below. A party noted as no longer interested may remain a party by notifying
the Clerk promptly, with service on the other parties, of an intention to
remain a party. All parties other than the petitioner are considered respondents,
but any respondent who supports the position of a petitioner shall meet the
petitioner's time schedule for filing documents, except that a response supporting
the petition shall be filed within 20 days after the case is placed on the
docket, and that time will not be extended. Parties who file no document
will not qualify for any relief from this Court.
- 7. 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. When requested by the
Clerk of this Court to certify and transmit the record, or any part of it,
the clerk of the court having possession of the record shall number the documents
to be certified and shall transmit therewith a numbered list specifically
identifying each document transmitted. If the record, or stipulated portions,
have been printed for the use of the court below, that printed record, plus
the proceedings in the court below, may be certified as the record unless
one of the parties or the Clerk of this Court requests otherwise. The record
may consist of certified copies, but if the lower court is of the view that
original documents of any kind should be seen by this Court, that court may
provide by order for the transport, safekeeping, and return of such originals.
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