SUPREME COURT RULE 10 5 Rule 9. 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 5, except that admis sion to the Bar of this Court is not required for an attorney appointed under the Criminal Justice Act of 1964, see 18 U. S. C. § 3006A(d)(6), or under any other applicable federal statute. The attorney whose name, address, and telephone number appear on the cover of a document presented for filing is considered counsel of record, and a separate notice of appearance need not be filed. If the name of more than one attorney is shown on the cover of the document, the at torney who is counsel of record shall be clearly identified. See Rule 34.1(f). 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 repre sented. A separate notice of appearance shall also be en tered whenever an attorney is substituted as counsel of rec ord in a particular case. PART III. JURISDICTION ON WRIT OF CERTIORARI Rule 10. Considerations Governing Review on 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, al though neither controlling nor fully measuring the Court’s discretion, indicate the character of the reasons the Court considers: (a) a United States court of appeals has entered a deci sion in conflict with the decision of another United States court of appeals on the same important matter; has decided an important federal question in a way that conflicts with a decision by a state court of last resort; or has so far departed from the accepted and usual CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE 6 SUPREME COURT RULE 12 course of judicial proceedings, or sanctioned such a de parture by a lower court, as to call for an exercise of this Court’s supervisory power; (b) a state court of last resort has decided an impor tant federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals; (c) a state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court. A petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law. Rule 11. Certiorari to a United States Court of Appeals Before Judgment A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is en tered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require im mediate determination in this Court. See 28 U. S. C. § 2101(e). Rule 12. Review on Certiorari: How Sought; Parties 1. Except as provided in paragraph 2 of this Rule, the peti tioner shall file 40 copies of a petition for a writ of certiorari, prepared as required by Rule 33.1, and shall pay the Rule 38(a) docket fee. 2. A petitioner proceeding in forma pauperis under Rule 39 shall file an original and 10 copies of a petition for a writ of certiorari prepared as required by Rule 33.2, together with an original and 10 copies of the motion for leave to proceed in forma pauperis. A copy of the motion shall pre cede and be attached to each copy of the petition. An inUNIT: CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE SUPREME COURT RULE 12 7 mate confined in an institution, if proceeding in forma pau peris and not represented by counsel, need file only an original petition and motion. 3. Whether prepared under 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 peti tioner’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 un timely) 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 ap pendix 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 CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE 8 SUPREME COURT RULE 12 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 conditional cross-petition will not be extended. 6. All parties to the proceeding in the court whose judg ment 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 proceed ing below. A party noted as no longer interested may re main 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 docu ments, 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 doc ument 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 cer tify 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 por tions, have been printed for the use of the court below, that UNIT: CLER$$RULE 01-12-10 14:42:17 PGT•CTRULE SUPREME COURT RULE 13 9 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 trans port, safekeeping, and return of such originals
Posted on: Wed, 26 Jun 2013 15:56:17 +0000
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