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In July 2019, the Office of the Clerk of the Supreme Court of the United States issued a critical guide aimed at navigating prospective indigent petitioners through the complexities of seeking a writ of certiorari. This detailed guide, fundamentally designed for those lacking legal representation and financial resources, underscores not merely the procedural rigors dictated by the Supreme Court's rules but significantly highlights the discretionary nature of Supreme Court review. Importantly, the petition for a writ of certiorari, the Court underscores, serves not as a mechanism for error correction in lower court decisions but as a conduit for addressing legal issues of broad public importance and resolving conflicts among appellate courts on identical issues. With the Supreme Court electing to hear only about 1% of filed cases each term, the guide meticulously delineates filing deadlines, specific filing requirements – including the necessity for an original and ten copies of certain documents for those not incarcerated, and further reduced requirements for incarcerated, unrepresented petitioners. Critical too are the instructions on redacting personal information, underscoring privacy concerns, and the method of filing, either directly with the Clerk’s Office or via mail or third-party carriers, all aimed at ensuring that cases of significant public interest and legal precedence have the opportunity to be considered. Through offering clear instructions on completing necessary forms, the guide serves as an indispensable resource for indigent petitioners emboldened to navigate the judicial labyrinth towards securing Supreme Court review.

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July 2019

OFFICE OF THE CLERK

SUPREME COURT OF THE UNITED STATES

WASHINGTON, D. C. 20543

GUIDE FOR PROSPECTIVE INDIGENT PETITIONERS FOR WRITS OF

CERTIORARI

I. Introduction

These instructions and forms are designed to assist petitioners who are proceeding in forma pauperis and without the assistance of counsel. A copy of the Rules of the Supreme Court, which establish the procedures that must be followed, is also enclosed. Be sure to read the following Rules carefully:

Rules 10-14 (Petitioning for certiorari)

Rule 29 (Filing and service on opposing party or counsel)

Rule 30 (Computation and extension of time)

Rules 33.2 and 34 (Preparing pleadings on 81⁄2 x 11 inch paper)

Rule 39 (Proceedings in forma pauperis)

II. Nature of Supreme Court Review

It is important to note that review in this Court by means of a writ of certiorari is not a matter of right, but of judicial discretion. The primary concern of the Supreme Court is not to correct errors in lower court decisions, but to decide cases presenting issues of importance beyond the particular facts and parties involved. The Court grants and hears argument in only about 1% of the cases that are filed each Term. The vast majority of petitions are simply denied by the Court without comment or explanation. The denial of a petition for a writ of certiorari signifies only that the Court has chosen not to accept the case for review and does not express the Court’s view of the merits of the case.

Every petitioner for a writ of certiorari is advised to read carefully the Considerations Governing Review on Certiorari set forth in Rule 10. Important considerations for accepting a case for review include the existence of a conflict between the decision of which review is sought and a decision of another appellate court on the same issue. An important function of the Supreme Court is to resolve disagreements among lower courts about specific legal questions. Another consideration is the importance to the public of the issue.

III. The Time for Filing

You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing. The issuance of a mandate or remittitur after judgment has been entered has no bearing on the computation of time and does not extend the time for filing. See Rules 13.1 and

13.3.Filing in the Supreme Court means the actual receipt of paper documents by the Clerk; or their deposit in the United States mail, with first-class postage prepaid, on or before the final date allowed for filing; or their delivery to a third-party commer- cial carrier, on or before the final date allowed for filing, for delivery to the Clerk within 3 calendar days. See Rule 29.2.

IV. What To File

Unless you are an inmate confined in an institution and not represented by counsel, file:

—An original and ten copies of a motion for leave to proceed in forma pauperis and an original and 10 copies of an affidavit or declaration in support thereof. See Rule 39.

—An original and 10 copies of a petition for a writ of certiorari with an appendix consisting of a copy of the judgment or decree you are asking this Court to review including any order on rehearing, and copies of any opinions or orders by any courts or administrative agencies that have previously considered your case. See Rule 14.1(i).

—One affidavit or declaration showing that all opposing parties or their counsel have been served with a copy of the papers filed in this Court. See Rule 29.

If you are an inmate confined in an institution and not represented by counsel, you need file only the original of the motion for leave to proceed in forma pauperis, affidavit or declaration when needed in support of the motion for leave to proceed in forma pau- peris, the petition for a writ of certiorari, and proof of service.

If the court below appointed counsel in the current proceeding, no affidavit or declara- tion is required, but the motion should cite the provision of law under which counsel was appointed, or a copy of the order of appointment should be appended to the motion. See Rule 39.1.

The attached forms may be used for the original motion, affidavit or declaration, and petition, and should be stapled together in that order. The proof of service should be included as a detached sheet, and the form provided may be used.

The Court’s practice is to scan and make available on its website most filings submitted by litigants representing themselves. The Court scans petitions, motions to proceed in forma pauperis, proofs of service, and the portion of an appendix that includes relevant lower court opinions and rulings. While the Court does not scan other por- tions of an appendix from a pro se litigant, the entire appendix is fully a part of the Court’s record and is available to the Justices.

On the same page, list all cases in other courts that are directly related to the case in this Court. A case is dirrctly related if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court,

whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for the list:

V. Page Limitation

The petition for a writ of certiorari may not exceed 40 pages excluding the pages that precede Page 1 of the form. The documents required to be contained in the appendix to the petition do not count toward the page limit. See Rule 33.2(b).

VI. Redaction of Personal Information

Pursuant to Rule 34.6, certain types of personal information should not be included in filings. For example, social security numbers and taxpayer identification numbers should be redacted so that only the last four digits of the number are included, and the names of minor children should be redacted so that only initials are included. In gen- eral, Rule 34.6 adopts the redaction practices that are applicable to cases in the lower federal courts. See, e.g., Federal Rule of Civil Procedure 5.2.

VII. Method of Filing

All documents to be filed in this Court must be addressed to the Clerk, Supreme Court of the United States, Washington, D. C. 20543 and must be served on opposing parties or their counsel in accordance with Rule 29.

INSTRUCTIONS FOR COMPLETING FORMS

I.Motion for Leave to Proceed In Forma Pauperis - Rule 39

A.On the form provided for the motion for leave to proceed in forma pauperis, leave the case number blank. The number will be assigned by the Clerk when the case is docketed.

B.On the line in the case caption for “petitioner”, type your name. As a pro se petitioner, you may represent only yourself. On the line for “respondent”, type the name of the opposing party in the lower court. If there are multiple respondents, enter the first respondent, as the name appeared on the lower court decision, followed by “et al.” to indicate that there are other respondents. The additional parties must be listed in the LIST OF PARTIES section of the petition.

C.If the lower courts in your case granted you leave to proceed in forma pau- peris, check the appropriate space and indicate the court or courts that allowed you to proceed in forma pauperis. If none of the lower courts granted you leave to proceed in forma pauperis, check the block that so indicates.

D.Sign the motion on the signature line.

II.Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis

On the form provided, answer fully each of the questions. If the answer to a question is “0,” “none,” or “not applicable (N/A),” enter that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper, identified with your name and the question number. Unless each question is fully answered, the Clerk will not accept the petition. The form must either be notarized or be in the form of a declaration. See 28 U. S. C. § 1746.

III. Cover Page - Rule 34

When you complete the form for the cover page:

A.Leave case number blank. The number will be assigned by the Clerk when the case is docketed.

B.Complete the case caption as you did on the motion for leave to proceed in forma pauperis.

C.List the court from which the action is brought on the line following the words “on petition for a writ of certiorari to.” If your case is from a state court, enter the name of the court that last addressed the merits of the case. For example, if the highest state court denied discretionary review, and the state court of appeals affirmed the decision of the trial court, the state court of appeals should be listed. If your case is federal, the United States court of appeals that decided your case will always be listed here.

D.Enter your name, address, and telephone number in the appropriate spaces.

IV. Question(s) Presented

On the page provided, enter the question or questions that you wish the Court to review. The questions must be concise. Questions presented in cases accepted for review are usually no longer than two or three sentences. The purpose of the question presented is to assist the Court in selecting cases. State the issue you wish the Court to decide clearly and without unnecessary detail.

V. List of Parties and Related Cases

On the page provided, check either the box indicating that the names of all parties appear in the caption of the case on the cover page or the box indicating that there are additional parties. If there are additional parties, list them. Rule 12.6 states that all parties to the proceeding whose judgment is sought to be reviewed shall be deemed parties in this Court, and that all parties other than petitioner shall be respondents. The court whose judgment you seek to have this Court review is not a party.

On the same page, list all cases in other courts that are directly related to the case in this Court. A case is “directly related” if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court, whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for this list:

·Smith v. Jones, No. 18-cv-200, U. S. District Court for the Western District of Pennsylvania. Judgment entered Oct. 1, 2018.

·Smith v. Jones, No. 18-1200, U. S. Court of Appeals for the Third Circuit. Judg- ment entered Apr. 15, 2019.

VI. Table of Contents

On the page provided, list the page numbers on which the required portions of the petition appear. Number the pages consecutively, beginning with the “Opinions Below” page as page 1.

VII. Index of Appendices

List the description of each document that is included in the appendix beside the appro- priate appendix letter. Mark the bottom of the first page of each appendix with the appropriate designation, e.g., “Appendix A.” See Rule 14.1 pertaining to the items to be included in the appendix.

A. Federal Courts

If you are asking the Court to review a decision of a federal court, the decision of the United States court of appeals should be designated Appendix A. Appendix A should be followed by the decision of the United States District Court and the findings and recommendations of the United States magistrate judge, if there were any. If the United States court of appeals denied a timely filed petition for rehearing, a copy of that order should be appended next. If you are seeking review of a decision in a habeas corpus case, and the decision of either the United States District Court or the United States Court of Appeals makes reference to a state court decision in which you were a party, a copy of the state court decision must be included in the appendix.

B. State Courts

If you are asking the Court to review a decision of a state court, the decision of which review is sought should be designated Appendix A. Appendix A should be followed by the decision of the lower court or agency that was reviewed in the decision designated Appendix A. If the highest court of the state in which a decision could be had denied discretionary review, a copy of that order should follow. If an order denying a timely filed petition for rehearing starts the run- ning of the time for filing a petition for a writ of certiorari pursuant to Rule 13.3, a copy of the order should be appended next.

As an example, if the state trial court ruled against you, the intermediate court of appeals affirmed the decision of the trial court, the state supreme court denied discretionary review and then denied a timely petition for rehearing, the appen- dices should appear in the following order:

Appendix A Decision of State Court of Appeals

Appendix B Decision of State Trial Court

Appendix C Decision of State Supreme Court Denying Review

Appendix D Order of State Supreme Court Denying Rehearing

VIII. Table of Authorities

On the page provided, list the cases, statutes, treatises, and articles that you reference in your petition, and the page number of your petition where each authority appears.

IX. Opinions Below

In the space provided, indicate whether the opinions of the lower courts in your case have been published, and if so, the citation for the opinion below. For example, opin- ions of the United States courts of appeals are published in the Federal Reporter. If the opinion in your case appears at page 100 of volume 30 of the Federal Reporter, Third Series, indicate that the opinion is reported at 30 F. 3d 100. If the opinion has been designated for publication but has not yet been published, check the appropriate space. Also indicate where in the appendix each decision, reported or unreported, appears.

X. Jurisdiction

The purpose of the jurisdiction section of the petition is to establish the statutory source for the Court’s jurisdiction and the dates that determine whether the petition is timely filed. The form sets out the pertinent statutes for federal and state cases. You need provide only the dates of the lower court decisions that establish the timeli- ness of the petition for a writ of certiorari. If an extension of time within which to file the petition for a writ of certiorari was granted, you must provide the requested information pertaining to the extension. If you seek to have the Court review a deci- sion of a state court, you must provide the date the highest state court decided your case, either by ruling on the merits or denying discretionary review.

XI. Constitutional and Statutory Provisions Involved

Set out verbatim the constitutional provisions, treaties, statutes, ordinances and regu- lations involved in the case. If the provisions involved are lengthy, provide their cita- tion and indicate where in the Appendix to the petition the text of the provisions appears.

XII. Statement of the Case

Provide a concise statement of the case containing the facts material to the consider- ation of the question(s) presented; you should summarize the relevant facts of the case and the proceedings that took place in the lower courts. You may need to attach additional pages, but the statement should be concise and limited to the relevant facts of the case.

XIII. Reasons for Granting the Petition

The purpose of this section of the petition is to explain to the Court why it should grant certiorari. It is important to read Rule 10 and address what compelling reasons exist for the exercise of the Court’s discretionary jurisdiction. Try to show not only why the decision of the lower court may be erroneous, but the national importance of having the Supreme Court decide the question involved. It is important to show whether the decision of the court that decided your case is in conflict with the decisions of another appellate court; the importance of the case not only to you but to others similarly situated; and the ways the decision of the lower court in your case was errone- ous. You will need to attach additional pages, but the reasons should be as concise as possible, consistent with the purpose of this section of the petition.

XIV. Conclusion

Enter your name and the date that you submit the petition.

XV. Proof of Service

You must serve a copy of your petition on counsel for respondent(s) as required by Rule 29. If you serve the petition by first-class mail or by third-party commercial carrier, you may use the enclosed proof of service form. If the United States or any department, office, agency, officer, or employee thereof is a party, you must serve the Solicitor General of the United States, Room 5614, Department of Justice, 950 Pennsyl- vania Ave., N.W., Washington, D. C. 20530–0001. The lower courts that ruled on your case are not parties and need not be served with a copy of the petition. The proof of service may be in the form of a declaration pursuant to 28 U. S. C. § 1746.

No.

IN THE

SUPREME COURT OF THE UNITED STATES

— PETITIONER

(Your Name)

VS.

— RESPONDENT(S)

MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis.

Please check the appropriate boxes:

Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s):

Petitioner has not previously been granted leave to proceed in forma pauperis in any other court.

Petitioner’s affidavit or declaration in support of this motion is attached hereto.

Petitioner’s affidavit or declaration is not attached because the court below appointed counsel in the current proceeding, and:

The appointment was made under the following provision of law:

,or

a copy of the order of appointment is appended.

(Signature)

AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

I,, am the petitioner in the above-entitled case. In support of

my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress.

1.For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.

Income source

Average monthly amount during

Amount expected

 

 

the past 12 months

 

 

next month

 

 

 

 

 

 

You

Spouse

You

Spouse

Employment

 

 

$

 

$

 

$

 

$

 

Self-employment

 

 

$

 

$

 

$

 

$

 

Income from real property

$

 

$

 

$

 

$

 

(such as rental income)

 

 

 

 

 

 

 

 

Interest and dividends

 

 

$

 

$

 

$

 

$

 

Gifts

 

 

$

 

$

 

$

 

$

 

Alimony

 

 

$

 

$

 

$

 

$

 

Child Support

 

 

$

 

$

 

$

 

$

 

Retirement (such as social

$

 

$

 

$

 

$

 

security, pensions,

 

 

 

 

 

 

 

 

 

 

annuities, insurance)

 

 

 

 

 

 

 

 

 

 

Disability (such as social

$

 

$

 

$

 

$

 

security, insurance payments)

 

 

 

 

 

 

 

 

Unemployment payments

$

 

$

 

$

 

$

 

Public-assistance

 

 

$

 

$

 

$

 

$

 

(such as welfare)

 

 

 

 

 

 

 

 

 

 

Other (specify):

 

 

 

$

 

$

 

$

 

$

 

Total monthly income: $

 

$

 

$

 

$

2.List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.)

Employer

Address

Dates of

Gross monthly pay

 

 

 

Employment

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

 

 

3.List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)

Employer

Address

Dates of

Gross monthly pay

 

 

 

Employment

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

$

 

 

4.How much cash do you and your spouse have? $

Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Type of account (e.g., checking or savings) Amount you have

Amount your spouse has

 

$

$

 

 

 

 

 

 

 

 

 

$

$

 

 

 

 

 

 

 

 

 

$

$

 

 

 

 

 

 

 

 

5.List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.

Home

 

Other real estate

 

Value

 

 

Value

 

 

 

Motor Vehicle #1

 

Motor Vehicle #2

 

Year, make & model

 

 

Year, make & model

 

 

Value

 

 

Value

 

 

 

Other assets

 

 

 

 

 

 

Description

 

 

 

 

 

 

 

Value

 

 

 

 

 

 

 
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File Characteristics

Fact Number Name Detail
1 Objective Assist petitioners proceeding in forma pauperis and without counsel, explaining the Supreme Court's procedures.
2 Nature of Review Review via writ of certiorari is not automatic but at the Supreme Court’s discretion, focusing on cases with wide importance.
3 Filing Deadline Petitions must be submitted within 90 days from the judgment of an appellate court or denial of a rehearing, with strict guidelines for submission timing.
4 Submission Requirements Differentiates between the documents needed from inmates and other petitioners, listing specific numbers of copies and detailing the required contents.
5 Page Limitation and Redaction Limits petitions to 40 pages, excluding appendices, and mandates the redaction of personal information as per federal court practices.
6 Filing and Service Documents must be addressed to the Clerk of the Supreme Court and served on opposing parties or their counsel in accordance with Rule 29.
7 Governing Laws Guided by the Rules of the Supreme Court, particularly Rules 10-14, 29, 30, 33.2, 34, and 39, and 28 U.S.C. § 1746 for declarations under penalty of perjury.

Steps to Writing Writ Of Certiorari

Once you decide to seek a review of your case by the Supreme Court through the Writ of Certiorari process, it is crucial to undertake each step meticulously to ensure your petition is correctly filed. The form is integral to asking the Supreme Court to consider your case, highlighting its importance in broader legal contexts or discrepancies in lower court decisions. Following the timeline and formatting instructions precisely will help your request make it through preliminary evaluations. The subsequent steps are designed to guide you through filling out the Writ of Certiorari form while adhering to the Supreme Court's requirements.

  1. On the motion for leave to proceed in forma pauperis form, leave the case number section blank, as it will be filled by the Clerk upon docketing.
  2. In the case caption, type your name next to “petitioner” and the opposing party’s name next to “respondent”. If multiple respondents are involved, list the first one followed by “et al.” to signify the presence of additional respondents.
  3. If you were granted permission to proceed in forma pauperis in lower courts, check the corresponding box and mention the court that granted this status. If not, select the option indicating no such permission was granted.
  4. Sign the motion for leave to proceed in forma pauperis in the designated signature area.
  5. Complete the Affidavit or Declaration in Support of the Motion form by answering all questions. If any question does not apply to your situation, mark it as “0,” “none,” or “N/A”. Attach additional sheets if more space is required, ensuring your name and the relevant question number are noted on each sheet.
  6. For the cover page, follow the same instructions as the motion form for filling out the case caption. Leave the case number blank, as it will be assigned later.
  7. Specify the court from which your case is originating right after “on petition for a writ of certiorari to” based on whether it’s a state or federal court.
  8. Provide your contact details, including name, address, and phone number in the designated spaces on the cover page.
  9. On the provided page for Questions Presented, concisely enter the questions you wish the Supreme Court to review, aimed at assisting the Court in case selection.
  10. In the List of Parties and Related Cases section, indicate whether all parties are listed on the cover page’s caption or if there are additional parties to be listed. Also, include a list of any cases directly related to yours, following the example format.
  11. Prepare a Table of Contents listing page numbers where each required portion of the petition can be found, starting with the “Opinions Below” page.
  12. Compile an Index of Appendices, detailing each document included in the appendix and its corresponding appendix letter, following the format outlined in Rule 14.1. Mark each appendix’s first page with the appropriate designation (e.g., “Appendix A”).
  13. Ensure that the appendices are organized as directed, categorizing them based on whether they are from federal or state court decisions relevant to your petition.

Upon completing these steps, review your forms and appendices closely for adherence to the Supreme Court's Rules. Proper service to opposing parties, accurate and clear presentation of issues, and timely filing are crucial to the success of your petition for a writ of certiorari. Each form you submit becomes a part of your plea for the Supreme Court to consider your case, serving as a testament to the fairness and diligence with which you approach the opportunity to be heard at the highest level of the judicial system.

Important Details about Writ Of Certiorari

What is a Writ of Certiorari?

A Writ of Certiorari is a legal document submitted to the Supreme Court requesting a review of a decision made by a lower court. It is not a right, but rather a discretionary tool used by the Court to decide cases that present issues of broader importance beyond the specific facts of the case at hand.

Who can file a petition for a Writ of Certiorari?

Any party that is dissatisfied with the decision of a lower court may submit a petition for a Writ of Certiorari. However, if you are proceeding without the assistance of counsel and are indigent, specific guidelines and forms provided by the Supreme Court must be followed.

When should the petition be filed?

The petition must be filed within 90 days from the entry of the final judgment by the United States court of appeals or the highest state appellate court, or within 90 days from the denial of a rehearing, whichever applies. The computation of time does not extend despite the issuance of a mandate or remittitur after judgment.

What documents are required to file a petition for a Writ of Certiorari?

If you are not an inmate and are represented, you must file an original and ten copies of a motion for leave to proceed in forma pauperis, a supporting affidavit or declaration, the petition for a Writ of Certiorari with an appendix, and proof of service. Inmates not represented by counsel are only required to file the original documents.

How is the petition for a Writ of Certiorari formatted?

The petition must not exceed 40 pages, excluding the cover and any preliminary pages. The required appendix should include a copy of the judgment or decree appealed from, any opinions or orders from courts or agencies that previously considered the case, and must not count towards the page limit.

What information should be redacted from the filing?

Personal information must be limited to protect privacy. For example, only the last four digits of social security and taxpayer identification numbers should be included, and minor children should be referred to only by their initials. These practices align with those in the lower federal courts.

How should the documents be filed?

All documents must be addressed to the Clerk of the Supreme Court of the United States and served on opposing parties or their counsel in accordance with the Court's rules. This includes mailing with first-class postage or delivery by a third-party commercial carrier by the filing deadline.

Are there any particular considerations the Supreme Court takes into account when deciding to grant a Writ of Certiorari?

Yes. The Supreme Court looks for cases that involve issues of public importance or those that resolve disagreements among lower courts on specific legal questions. The mere desire to correct what might be perceived as an erroneous lower court decision is not enough for the Supreme Court to review a case.

What happens if the petition for a Writ of Certiorari is denied?

A denial of the petition means that the Supreme Court has chosen not to review the case. It does not reflect the Court’s opinion on the merits of the case itself. The decision of the lower court stands as final.

Common mistakes

Filling out the Writ of Certiorari form is a critical step when seeking a review by the Supreme Court of the United States. However, applicants often make mistakes that can compromise the effectiveness of their submission. One common mistake is failing to adhere to the strict page limitation set by the Court. The rules stipulate that a petition should not exceed 40 pages, excluding certain preliminary pages. Applicants sometimes overlook this requirement, submitting lengthy documents that may not comply with the Court's directives. This oversight can negatively impact the presentation and the seriousness with which the petition is considered.

Another area where errors often occur is in the adherence to the guidelines for redacting personal information. The guidelines are designed to protect privacy by instructing petitioners to only include the last four digits of Social Security numbers and to use only initials for the names of minor children. Despite these clear instructions, many submissions neglect these privacy protections, including unnecessary personal details that should have been redacted. This mistake not only disregards the Court's rules but also exposes sensitive information unnecessarily.

A third mistake involves the mishandling of the service process. According to the form's instructions, petitioners must provide proof that all opposing parties or their counsel have been served with a copy of the papers filed with the Court. Often, petitioners either fail to serve the opposing parties properly or do not provide adequate proof of service. This oversight can delay the review process or, in some cases, lead to the dismissal of the petition altogether. Serving the opposing parties correctly and providing proper documentation is crucial to advancing the petition through the system.

Finally, petitioners sometimes incorrectly file their documents, particularly regarding the number of copies required. Except for incarcerated individuals not represented by counsel, petitioners are instructed to file an original and ten copies of both the motion for leave to proceed in forma pauperis and the petition for a writ of certiorari. Neglecting to provide the correct number of copies can impede the Court's ability to distribute documents for review and discussion. Ensuring the right number of copies ensures that the petition can be processed without unnecessary delays.

Documents used along the form

When petitioning the Supreme Court of the United States for a Writ of Certiorari, petitioners engage in a complex legal procedure that demands meticulous attention to documentary requirements. Beyond the Writ of Certiorari form itself, the process entails several other forms and documents crucial for a comprehensive submission. Understanding each document's purpose and relevance is paramount for anyone navigating this challenging legal landscape.

  • Motion for Leave to Proceed In Forma Pauperis: This document is essential for petitioners who cannot afford the court fees. It requests the court to waive these costs and allows the petitioner to proceed without financial burden.
  • Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis: Accompanying the motion, this sworn statement provides evidence of the petitioner’s financial status, elucidating why they cannot afford the court fees.
  • Appendix to the Petition: This includes relevant lower court decisions, orders and other pivotal materials from the case’s history. It’s crucial for providing the Justices with a comprehensive background.
  • Proof of Service: This document verifies that all opposing parties or their counsel have received copies of the filings made to the court, ensuring that the legal process is transparent and fair.
  • Cover Page: While it might seem merely procedural, the cover page organizes and presents essential case information at a glance, facilitating the Court’s review process.
  • Questions Presented: This section succinctly outlines the legal questions the petitioner urges the Supreme Court to review. Its clarity and conciseness can significantly influence the Court’s decision to hear the case.
  • List of Parties and Related Cases: This comprehensive list identifies all involved parties and related legal proceedings, offering the Court insight into the case’s broader legal context.

The meticulous compilation of these documents is a testament to the intricate nature of Supreme Court litigation. Petitioners must navigate these complexities with precision and clarity, as the Court’s daunting task of selecting a mere fraction of cases for review hinges not just on the significance of legal questions presented but also on the thoroughness and organization of the submitted documents. The integrity of the judicial review process is thus upheld, illustrating the balance between legal rigor and the equitable administration of justice.

Similar forms

A Writ of Certiorari is akin to an Appeal Brief, which is used in appellate courts to argue that a lower court's decision should be reviewed and potentially overturned. Both documents are pivotal in the appellate process, serving as formal requests for a higher court to examine and rule on the outcomes of lower court decisions. They encapsulate the petitioner's arguments for why the appellate or supreme court should grant a review, focusing on legal errors or significant questions of law that bear on the case.

Another similar document is the Petition for Review, commonly filed in state supreme courts or appellate courts. Like a Writ of Certiorari, it requests a higher court to scrutinize a lower court's ruling, but it is specifically tailored to the court's procedures and focuses on state rather than federal legal issues. Both documents are critical tools for litigants seeking rectification or a second look at their case from a higher judicial authority.

The Habeas Corpus Petition shares similarities with the Writ of Certiorari, as it also involves a court order. It demands an examination of the legality of a person's imprisonment or detention. Although focusing on the aspect of personal liberty and the lawful basis of detention, like the Writ of Certiorari, it compels a higher authority to review a lower body's action. This legal document is crucial for safeguarding individual rights against wrongful imprisonment.

Motions for Summary Judgment are somewhat parallel to a Writ of Certiorari in that they request the court to make a decision based on the law. While a Motion for Summary Judgment asks for a judgment without a trial, based on provided evidence demonstrating no factual disputes, a Writ of Certiorari seeks review of a lower court's interpretation or application of the law. Both are predicated on the premise that the court can resolve the matter by applying legal principles.

The Notice of Appeal is a precursor document that initiates the appellate process much in the same way the Writ of Certiorari is for the Supreme Court review process. Though a Notice of Appeal is filed shortly after a decision to challenge it and involves direct rights to appeal in most cases, both documents serve as official intimations of the intent to seek higher judicial examination over lower court proceedings or decisions.

Amicus Curiae Briefs, while not initiating a request for review, share the objective of influencing court decisions like the Writ of Certiorari. These "friend of the court" briefs are submitted by non-parties with strong interest in the case outcome, providing additional perspective or legal argument. They complement the main petitions by offering broader legal insights, potentially affecting the higher court's deliberations and rulings.

Finally, the Motion for Reconsideration parallels the Writ of Certiorari in its purpose to prompt a judicial body to review its prior decision. This motion is typically filed in the same court that issued the ruling, asking the judges to revisit and possibly change their decision based on arguments or evidence not considered earlier. It mirrors the certiorari's aim to obtain a fresh assessment of legal judgments, albeit through a different procedural avenue.

Dos and Don'ts

Filling out the Writ of Certiorari form is a crucial step in seeking review from the Supreme Court of the United States. Attention to detail and adherence to the Court's rules can make a significant difference in the success of your petition. Below are four dos and four don'ts to keep in mind as you prepare your submission:

Do:
  • Read and follow the Supreme Court Rules, particularly Rules 10-14, 29, 30, 33.2, 34, and 39, which provide specific instructions on petitioning for certiorari, formatting documents, and proceeding in forma pauperis.
  • Ensure all documents, including the petition and any supporting materials, are prepared on 8½ x 11 inch paper as specified in the Court's guidelines.
  • File your petition within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court, or 90 days from the denial of a timely filed petition for rehearing. Time is of the essence, and this deadline is strict.
  • Include all the required copies and documents as outlined, which differ depending on whether you are represented by counsel and whether you are an inmate. For most filers, this includes an original and ten copies of both the motion for leave to proceed in forma pauperis (if applicable) and the petition for a writ of certiorari.
Don't:
  • Exceed the 40-page limit for the petition for a writ of certiorari, not counting the pages that precede Page 1 of the form. Staying within this limit is critical for the Court to consider your petition.
  • Include personal information such as social security numbers or the names of minor children in your filings. Follow Rule 34.6 for the redaction of such information, to protect privacy.
  • Forget to serve opposing parties or their counsel with a copy of the papers filed in the Supreme Court, as required by Rule 29. Proof of service needs to be part of your submission.
  • Fail to complete any section of the forms provided or to answer all questions fully. Incomplete information or unanswered questions can lead to the rejection of your petition.

By closely following these guidelines and ensuring your paperwork is meticulously prepared and complete, you will be able to present your petition for a writ of certiorari in the best possible light. Remember that the details matter in legal documents, and adherence to the Supreme Court's rules is paramount.

Misconceptions

There is often confusion surrounding the Writ of Certiorari process and its requirements as outlined by the Supreme Court of the United States. Several misconceptions can lead to misunderstandings for individuals considering this legal avenue. Below, some of these misconceptions are addressed to provide clarity.

  • All petitions for a writ of certiorari are granted if the case is important. While the importance of the case is a critical factor, the Supreme Court operates under discretion and denies the vast majority of petitions without comment, focusing primarily on cases that present issues of broad national significance or to resolve conflicts among lower courts.

  • A denied petition affects the merits of the case. The denial of a petition signifies merely that the Court has opted not to review the case, not a judgment on the case’s merits or the correctness of the lower court’s decision.

  • The filing process is the same for all petitioners. Inmates not represented by counsel, for example, have a different set of filing requirements, including submitting only the original motion for leave to proceed in forma pauperis and the original petition for a writ of certiorari.

  • Electronic filing is acceptable. As of the current guidelines, all documents must be physically submitted to the Clerk of the Supreme Court, either by mail or through a third-party commercial carrier, emphasizing the traditional nature of the Court’s filing process.

  • There is no page limit for the petition. The petition has a strict page limit of 40 pages, excluding certain preliminary materials. This constraint necessitates concise and focused argumentation from the petitioner.

  • Personal information need not be redacted. To protect privacy and comply with federal rules, certain types of personal information, such as social security numbers and the names of minor children, must be redacted, reflecting the careful balance between public access to information and individual privacy rights.

  • Completing the forms guarantees acceptance. Even meticulously completed and timely filed petitions can be denied as the Court’s review is discretionary, focusing on legal questions of widespread significance rather than correcting every error in lower court proceedings.

Understanding these nuances is crucial for anyone considering filing a petition for a Writ of Certiorari to the Supreme Court. Each step, from ensuring forms are properly completed and filed in a timely manner to adequately redacting personal information, plays a vital role in the petitioning process. However, it's important to remember the Court's selective nature and the specific criteria it uses to decide which cases to review.

Key takeaways

Filling out and using the Writ of Certiorari form is an essential process for those seeking to appeal their case to the Supreme Court of the United States, particularly for indigent petitioners who are proceeding without the assistance of counsel. Here are nine key takeaways to understand before embarking on this legal journey.

  • The Supreme Court's decision to review a case through a writ of certiorari is discretionary, focusing on issues of broad public importance or to resolve conflicting decisions among appellate courts, rather than correcting errors in lower court rulings.
  • Petitions must be filed within 90 days from the entry of the final judgment by the United States court of appeals or the highest state appellate court, or from the denial of a rehearing, with filing meaning the actual receipt of documents by the Clerk.
  • When not represented by counsel, and outside of being an inmate, petitioners must submit an original and ten copies of both a motion for leave to proceed in forma pauperis and the petition for a writ of certiorari along with relevant supportive documents.
  • Inmates not represented by counsel need only submit the original documents required for filing.
  • The petition for a writ of certiorari is subject to a strict page limit, not exceeding 40 pages, excluding certain preliminary materials but inclusive of all arguments and supporting information.
  • Personal information within the filing documents must be redacted for privacy, adhering to guidelines similar to those in lower federal courts, including truncating social security and taxpayer identification numbers and using initials for minor children.
  • All documents must be filed directly with the Clerk of the Supreme Court and are required to be served on opposing parties or their counsel in accordance with specific rules.
  • The submission should include a clear, concise statement of the questions presented for review, ideally no longer than two or three sentences each, aiding the Court in understanding the issue at hand without unnecessary detail.
  • A comprehensive list of all related cases in other courts must be provided, ensuring full disclosure of directly related judicial proceedings that may impact or be impacted by the Supreme Court’s consideration of the case.

Fulfilling these requirements meticulously can aid in the proper and timely consideration of a petition. While the process may seem daunting, especially for those proceeding without legal representation, adherence to these guidelines is crucial for a petitioner’s appeal to be eligible for review by the Supreme Court.

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