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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 [...]

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 [...]

12 Aug, 2014

Misunderstood Supreme Court Rules: What’s There, What’s Not, and…What’s That Mean?

2019-03-18T18:47:34-05:00August 12th, 2014|Tags: |

The U.S. Supreme Court Rules describe an utterly unique and highly specific set of practice standards. Every new filer—whether she is a seasoned litigator with years of experience in the lower courts, or a pro se petitioner—should review the Rules to make sure the document will be accepted by the Clerk. However, many of the [...]

5 Aug, 2014

U.S. Supreme Court Guide to Filing Paid Cases: The Other Rule Book

2019-03-18T18:47:34-05:00August 5th, 2014|Tags: |

U.S. Supreme Court filings, governed by the Supreme Court Rules, can present a daunting task, even for experienced appellate litigators. The form and format requirements date from an earlier time in American law, when lawyers presented their appellate court briefs as formal, elegantly prepared publications. While most courts now allow stapled, desktop printing, the U.S. [...]

14 Jan, 2010

Supreme Court Rule Revisions for 2010

2019-03-18T18:48:14-05:00January 14th, 2010|Tags: , , |

On January 12, 2010, the Supreme Court announced revisions to its rules, which will take effect in all proceedings on February 16, 2010. The Court’s press release announcing the changes can be viewed here.  The order and revisions can be reviewed here.  The majority of the revisions are simply clarification of previously existing, but unstated, [...]