Petition

/Tag: Petition
12 Feb, 2018

A Cert. Worthy Argument

2019-03-18T18:47:13-05:00February 12th, 2018|Tags: , , , |

While Supreme Court experts offer nuanced distinctions on how to construct the argument section in a petition for writ of certiorari, most agree that accounting for the difference in purpose between a cert. petition and a brief filed in the lower courts is essential. The paramount difference between a petition and a lower court brief [...]

9 Jan, 2018

Pro se filing at the Supreme Court

2019-03-18T18:47:13-05:00January 9th, 2018|Tags: , , , |

Pro se is a legal term that comes from Latin, denoting “for oneself, or on one’s own behalf.” It means that an individual is representing him- or her-self in court, by choice, without the help of an attorney. Given the state of our economy and the rising costs of legal representation, it should come as no [...]

14 Jun, 2017

Guide to Pro Se In Forma Pauperis Petitions

2019-03-18T18:47:16-05:00June 14th, 2017|Tags: , , , , , |

In forma pauperis (IFP) proceedings are those cases in which the Supreme Court allows an indigent party to file a petition for writ of certiorari without paying its $300 filing fee or preparing printed booklets (to learn about filing IFP Briefs in Opposition, click here). A petition worthy of certiorari is generally thought to contain [...]

4 May, 2017

Justice Gorsuch Opts Out of SCOTUS Cert. Pool

2019-03-18T18:47:17-05:00May 4th, 2017|Tags: , , , , |

Justice Neil Gorsuch has joined Justice Samuel Alito Jr. in opting out of the Court’s “cert. pool” – a labor-saving procedure by which all certiorari stage briefing is initially reviewed by a law clerk from one of the participating Justice’s chambers.  Justices who participate in the pool then receive a “pool memo,” generated by the [...]

2 May, 2017

Guide to Pro se In Forma Pauperis Petitions

2019-03-18T18:47:17-05:00May 2nd, 2017|Tags: , , , , |

   In forma pauperis (IFP) proceedings are those cases in which the Supreme Court allows an indigent party to file a petition for writ of certiorari without paying its $300 filing fee or preparing printed booklets (to learn about filing IFP Briefs in Opposition, click here). A petition worthy of certiorari is generally thought to [...]

13 Dec, 2016

An Introduction to the Supreme Court, Part II

2019-03-18T18:47:19-05:00December 13th, 2016|Tags: , , , , |

  Part Two: Filings In our first part of this three-part series, we looked at the Bench and the Bar.  Today, we address filing in the Supreme Court. A.            Filings In a typical term, more than 8,000 petitions are filed.  Approximately 6,500 of these petitions are meritless In Forma Pauperis filings and 1,500 are booklet [...]

20 Oct, 2016

“Relist” as a Requisite to Certiorari

2019-03-18T18:47:19-05:00October 20th, 2016|Tags: , , , , , |

The procedures by which the Supreme Court decides to grant or deny a petition for writ of certiorari are well-guarded.  Unless you work, or have worked for the Court, it’s nearly impossible to appreciate the specific mechanisms which contributed to a decision on certiorari. Thanks to Michael Kimberly (Mayer Brown LLP), John Elwood (Vinson & [...]

1 Sep, 2016

How to Draft a Winning Pro Se Petition

2019-03-18T18:47:20-05:00September 1st, 2016|Tags: , , , , |

  Petitioning the Supreme Court can be a daunting task.  Careless writing, poor formatting, and ignorance of the Court’s rules can significantly decrease the odds that your petition will be selected for review. Filing a brief fraught with errors makes it nearly impossible to win any appeal.  By developing a working knowledge of the essentials [...]