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9 Oct, 2019

Supreme Court Gives Lawyers Two Uninterrupted Minutes

2019-10-09T14:20:28-05:00October 9th, 2019|Tags: , , , |

  Starting Monday, attorneys who appear before the Court are allotted two minutes of uninterrupted time at the beginning of oral argument.  It may not seem like much, but those familiar with recent trends recognize it as a significant departure from longstanding courtroom procedure. Today’s Supreme Court is known as a “hot bench,” wherein some [...]

17 Apr, 2018

Conference Timing Through The End Of The Term

2019-03-18T18:47:13-05:00April 17th, 2018|

We are getting near the end of the Court’s October 2017 Term. Some petitioners and respondents might be thinking about timing their filings to either have the case considered this term, or have it carried through the summer and into next fall. The last conference for this term is June 21st, and the last paid-petition [...]

3 Apr, 2018

All About Original Actions

2019-03-18T18:47:13-05:00April 3rd, 2018|Tags: , , |

The Supreme Court receives many types of documents each day for its review. Appeals to the Supreme Court alone encompass a lot of different types of briefs, including petitions, briefs in opposition, amicus curiae briefs, and reply and supplemental briefs, to name a few. Less frequently, but equally important, are original actions, which are governed [...]

1 Feb, 2018

How to File a Stay in the Supreme Court

2019-03-18T18:47:13-05:00February 1st, 2018|Tags: , , |

The Supreme Court receives thousands of filings. These include various types of briefs, motions, and applications. The motions and applications the Court receives may include issues such as motions to file amicus curiae briefs, motions or applications for filing date extensions, and applications for stays of orders from the lower courts. Stay applications are frequently [...]

10 Nov, 2017

Drafting Notes for Petitions and Petition Stage Reply Briefs

2017-11-10T19:18:36-06:00November 10th, 2017|Tags: , , |

While the rules for the Supreme Court provide the guidance necessary for producing a compliant brief, there are some unwritten requirements that every filer should be aware of when preparing their Petition and Petition Stage Reply brief. Failure to comply with these unwritten rules may result in having your filing rejected by the Court. Petitions [...]

12 Oct, 2017

Amicus Briefs: The Interest of Amicus Curiae Section and Footnote 1

2017-10-12T19:08:20-05:00October 12th, 2017|Tags: , |

Two of the most common pitfalls when drafting an amicus brief in the Supreme Court can be found on the first page: Interest of Amicus Curiae section and the required Footnote 1 information. Fortunately, these errors are easily remedied and can often be avoided. In this post, we will discuss how to best handle your [...]

15 Jun, 2017

Choosing Your Shipping Methods with Supreme Court Rule 29

2019-03-18T18:47:16-05:00June 15th, 2017|Tags: , , , , , |

Once a brief is finalized and ready for printing, one of the final decisions is the method of mailing for the service parties and the Court. Fortunately, Supreme Court Rule 29 provides the following straightforward guidelines for ensuring your document is filed and served in a timely manner. Filing The Court follows the mailbox rule–meaning [...]

17 May, 2017

Questions Presented: New Practice Note

2019-03-18T18:47:16-05:00May 17th, 2017|

The most elemental feature of a petition for writ of certiorari is the Questions Presented page. Here the petitioner must concisely set out the basic issues at stake. Experienced Supreme Court practitioners consider a well-crafted Questions Presented to be the most critical tool for gaining cert consideration. In the words of Supreme Court scholar Stephen [...]