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In July 2019, the Office of the Clerk for the Supreme Court of the United States issued a valuable resource aimed at guiding individuals, particularly those lacking financial means and legal representation, through the intricate process of petitioning for a writ of certiorari. This comprehensive guide is meticulously crafted to navigate through the procedural pathways laid out by the Supreme Court's rules, providing not only critical instructions but also the necessary forms to assist prospective indigent petitioners. It delves deeply into the essence of the Supreme Court's review process, emphasizing the discretionary nature of writs of certiorari, and underscoring the Court's focus on issues of wide-reaching legal importance rather than correction of lower court errors. By encapsulating the procedural deadlines, filing requirements, and considerations for review, the guide offers an informative blueprint for those seeking to have their cases heard at the nation's highest court. Furthermore, it outlines the importance of filing within the 90-day window following a final judgment, details on what documents to file, and underscores the significance of redacting personal information, all while offering clarity on the method of filing. For individuals navigating this path without legal representation, this guide illuminates the stringent yet critical process of petitioning for a writ of certiorari to the Supreme Court of the United States.

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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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Document Attributes

Fact Description
Purpose Assist petitioners who are proceeding in forma pauperis without counsel.
Included Materials A copy of the Supreme Court Rules for procedures on petitioning for certiorari.
Supreme Court Review Nature Review by writ of certiorari is discretionary, not a right, focusing on cases of broad legal significance.
Filing Deadline Within 90 days from judgment in United States court of appeals or highest state appellate court or from the denial of rehearing.
Submission Requirements Original and ten copies of a motion and affidavit for in forma pauperis and a petition for writ of certiorari among others.
Page Limitation The petition may not exceed 40 pages, excluding certain preliminary pages and appendices.
Redaction of Personal Information Required by Rule 34.6, aligning with practices in lower federal courts.
Method of Filing Documents must be addressed to the Clerk, Supreme Court of the United States, and served on opposing parties or their counsel as per Rule 29.

How to Fill Out Writ Of Certiorari

Filing a Writ of Certiorari is a crucial step for those who seek to have their cases reviewed by the Supreme Court of the United States. The process is detailed, and it’s imperative that each step is followed meticulously to ensure the petition is considered. Remember, the opportunity for review by the Supreme Court is not guaranteed but based on judicial discretion, with the Court only accepting a small percentage of cases that highlight issues of broader significance. Complying with the procedural requirements is a petitioner's first challenge in ensuring their case is even considered for such discretionary review.

  1. Complete the Motion for Leave to Proceed In Forma Pauperis:
    • Leave the case number blank; it will be assigned by the Clerk.
    • Fill in your name as the petitioner and the opposing party’s name as it appeared in the lower court decision.
    • Indicate whether you were granted permission to proceed without the requirement to prepay fees in the lower courts, and specify which courts granted this.
    • Sign the motion on the line provided for the signature.
  2. Complete the Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis:
    • Fully answer each question provided in the form.
    • Use "0," "none," or "N/A" where applicable, and attach additional sheets if more space is needed, ensuring they are clearly identified with your name and the specific question number.
    • Ensure the form is either notarized or follows the declaration format per 28 U.S.C. § 1746.
  3. Prepare the Cover Page:
    • Again, leave the case number section blank.
    • Repeat the case caption details as on the motion form.
    • Specify the court from which your case is being brought to the Supreme Court.
    • Provide your contact details accurately.
  4. Define the Question(s) Presented:
    • Concisely articulate the legal question(s) your petition seeks to have reviewed, aiming to keep it brief and to the point.
  5. List Parties and Related Cases:
    • Check the appropriate box indicating whether all parties are included in the case caption or if there are additional parties.
    • If there are additional parties, list them.
    • Also list any related cases, directly associated with the one being brought to the Supreme Court.
  6. Compile a Table of Contents:
    • Indicate the page numbers where each required portion of the petition can be found, starting with the “Opinions Below” as page 1.
  7. Assemble an Index of Appendices:
    • Detail each document included in the appendix beside its corresponding letter designation.
    • Ensure that the first page of each appendix section is appropriately marked (e.g., “Appendix A”).
  8. Include Required Decisions in the Appendix:
    • For federal court decisions, include the decision of the United States court of appeals as Appendix A, followed by any relevant district court and magistrate judge decisions.
    • For state court decisions, include the decision from the state’s highest court as Appendix A, followed by any relevant lower court or agency decisions.

After completing these steps, ensure that all documents are properly served on the opposing parties or their counsel in accordance with the requirements. Then, submit the original and ten copies (unless you are an inmate filing without counsel, in which case only the original is needed) of the completed petition package to the Clerk of the Supreme Court. This meticulous attention to detail and adherence to the instructions provided will help facilitate the review process of your writ of certiorari.

More About Writ Of Certiorari

  1. What is a Writ of Certiorari?

    A Writ of Certiorari is a type of legal document used to request the Supreme Court to review the decision of a lower court. It's discretionary, meaning the Supreme Court may choose whether or not to review a case. The aim is not to correct errors but to address matters of broader significance that have implications beyond the specific parties involved.

  2. Who can file for a Writ of Certiorari?

    Any party adversely affected by a decision of a lower appellate court, including the United States courts of appeals or the highest state appellate courts, may file a petition. This includes individuals proceeding in forma pauperis and without legal representation, though specific procedures and requirements must be followed in these cases.

  3. When should the petition be filed?

    The petition must be filed within 90 days from the date of the final judgment of the appellate court, or within 90 days from the denial of a petition for rehearing, if one was filed. The filing date is determined by the actual receipt of documents by the Clerk of the Supreme Court, or their mailing or delivery to a third-party carrier by the filing deadline.

  4. What documents are required to file a petition?

    Filers not represented by counsel and not inmates must submit an original and ten copies of a motion for leave to proceed in forma pauperis and supporting affidavit or declaration, an original and ten copies of the petition for a writ of certiorari with an appendix, and proof of service on opposing parties or their counsel. Inmates not represented by counsel only need to submit the original documents.

  5. Is there a page limit for the petition?

    Yes, the petition for a writ of certiorari may not exceed 40 pages, excluding certain preliminary pages. The appendix does not count towards this limit. This requirement ensures petitions are concise and focused on the key issues the petitioner wants the Supreme Court to review.

  6. How should personal information be handled in the filing?

    In line with Rule 34.6, certain personal information must be redacted for privacy reasons. This includes masking all but the last four digits of social security and taxpayer identification numbers, and using only the initials of minor children. This practice aligns with redaction guidelines in the lower federal courts.

  7. What is the process for filing the documents?

    All documents must be addressed and sent to the Clerk of the Supreme Court of the United States in Washington, D.C., and must comply with all service requirements as outlined in Rule 29. Strict adherence to these procedural requirements ensures that the petition is properly considered for review.

Common mistakes

  1. Not adhering to the specific documentation requirements can lead to a dismissal of a petition. Petitioners often overlook the need to file an original and ten copies of a motion for leave to proceed in forma pauperis alongside an original and ten copies of the supporting affidavit or declaration, as required for those not incarcerated. For incarcerated petitioners not represented by counsel, filing only the original of these documents is necessary. This oversight can be critical.

  2. Inadequate presentation of questions for review is another common mistake. The Supreme Court seeks clear, concise questions that succinctly state the issue at hand. Petitioners sometimes submit questions that are either too long, too detailed, or not directly asserting the legal issue they want reviewed. This can hinder the Court's ability to quickly understand the crux of the petitioner's argument.

  3. Failure to properly redact personal information as per Rule 34.6 is a frequent error. Petitioners must redact sensitive personal information, leaving only the last four digits of social security and taxpayer identification numbers, and using only initials for minor children. Neglecting this rule can lead to privacy breaches and non-compliance with the Supreme Court's submission standards.

  4. Overlooking the need for a complete and organized appendix can detrimentally impact a petition. The appendix should include a copy of the judgment or decree in question, including any order on rehearing, and copies of opinions or orders by courts or administrative agencies that previously considered the case. A disorganized or incomplete appendix may result in the Justices not having all necessary materials for a comprehensive review of the case.

Documents used along the form

Seeking a Writ of Certiorari to present a case before the Supreme Court involves more than just submitting the initial petition. Various supporting documents and forms are often necessary to ensure a thorough and compelling presentation of your case. Understanding these documents will provide a clear picture of the process and requirements.

  • Motion for Leave to Proceed In Forma Pauperis: This document is essential for individuals who cannot afford the court costs. It requests the court's permission to waive these fees.
  • Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis: Accompanies the motion for fee waiver, providing detailed financial information to prove the petitioner's inability to pay court costs.
  • Appendix to the Petition: Includes relevant lower court decisions, rulings, and any other evidence or records pertinent to the case. This helps the Supreme Court understand the factual and legal background.
  • Proof of Service: A document showing that all opposing parties or their counsel have received copies of the filed documents, adhering to the Court’s requirements for notification.
  • Table of Contents & Index of Appendices: Organizes the petition’s components and appendix materials, making it easier for the Court to review the documents.
  • Cover Page: The first page of the petition, which includes the case's caption, the parties involved, and the court from which the case is being brought.
  • Questions Presented: A concise statement of the legal questions the petitioner wants the Supreme Court to review. This part clarifies the issues at hand for the Court.
  • List of Parties and Related Cases: Lists all involved parties and any related litigation in other courts. This ensures the Court is aware of all parties and related proceedings.

Together, these documents form a comprehensive packet that supports the Writ of Certiorari petition. They provide the Court with all necessary information, from the legal and factual background to procedural compliance, ensuring a thorough evaluation for a potential hearing. The process is intricate, reflecting the Supreme Court's role in addressing significant legal questions with wide-ranging implications.

Similar forms

  • Motion for Leave to Proceed In Forma Pauperis: Similar to the Writ of Certiorari form, the Motion for Leave to Proceed In Forma Pauperis is designed for individuals who cannot afford the costs associated with pursuing legal action. Both documents aim to ensure access to the legal system for individuals regardless of their financial status, with the Writ of Certiorari form specifically allowing for petitioning the Supreme Court without incurring fees.

  • Affidavit or Declaration in Support: This document supports the Motion for Leave to Proceed In Forma Pauperis, similar to how appendices support a Writ of Certiorari. Both provide the court with additional context and evidence, essential for a thorough understanding of the case at hand.

  • Petition for Rehearing: This document, like the Writ of Certiorari, is used to request a higher court to re-examine a decision. While the petition for rehearing is usually directed at the same court that made the original decision, the Writ of Certiorari seeks review from the Supreme Court, emphasizing their role in revising lower court decisions on significant matters.

  • Notice of Appeal: This document initiates the appeal process to a higher court, similar to the Writ of Certiorari that seeks Supreme Court review. Both are critical steps in escalating a case beyond the initial judgment, though the Writ is specific to the Supreme Court's discretionary review.

  • Amicus Curiae Brief: Like the appendices in a Writ of Certiorari, Amicus Curiae Briefs provide additional perspectives and information to the court regarding the case's broader implications. Both documents enrich the court's understanding and inform its decision-making process, albeit from distinct procedural positions.

  • Complaint for Judicial Review: This initiates a legal challenge to an administrative agency's decision, akin to how a Writ of Certiorari questions lower court rulings. Both seek judiciary intervention in decisions believed to be flawed, albeit in different contexts.

  • Motion to Vacate, Set Aside, or Correct Sentence (28 U.S.C. § 2255): This motion, like a Writ of Certiorari, is a procedural tool for challenging legal errors, specifically in the sentencing of convicted individuals. Both documents are pivotal for addressing grievances with lower court decisions, though their focuses and applicabilities diverge.

  • Application for a Stay: Similar to the Writ of Certiorari in its procedural function, an Application for a Stay requests the court to temporarily halt enforcement of a lower court's decision while an appeal (or review) is pending. Both are utilized in anticipation of further judicial review, highlighting the judicial system's multi-layered review processes.

Dos and Don'ts

When preparing to fill out the Writ of Certiorari form, it’s crucial to follow specific guidelines to ensure your submission is complete, accurate, and timely. Below is a list of things you should and shouldn't do during this process:

  • Do read the Supreme Court Rules carefully, especially Rules 10-14, Rule 29, Rule 30, Rules 33.2 and 34, and Rule 39, related to the petitioning process and requirements.
  • Do 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 from the denial of a rehearing.
  • Do ensure that your petition for a writ of certiorari, including the appendix, follows the page limits and formatting requirements as specified in the guidelines.
  • Do redact personal information according to Rule 34.6, ensuring that only the last four digits of social security and taxpayer identification numbers are included, and names of minor children are represented by their initials.
  • Do not overlook the requirement to serve the opposing party or their counsel with a copy of the documents filed in the Supreme Court as required by Rule 29.
  • Do not forget to include all necessary documents, such as the proof of service and any relevant lower court opinions, orders, or administrative agency decisions in your appendix.
  • Do not exceed the 40-page limit for the petition for a writ of certiorari, excluding the pages that precede Page 1 of the form and the appendix documents, which do not count toward this limit.
  • Do not submit documents without checking for completeness and accuracy, including ensuring all questions on forms are fully answered and necessary declarations or affidavits are duly signed and, if required, notarized.

Following these guidelines meticulously will maximize the clarity and persuasiveness of your petition, helping you adhere to the procedural requirements of the Supreme Court.

Misconceptions

  • Misconception 1: A writ of certiorari is a petitioner's right. Many believe that filing a writ of certiorari is a guaranteed opportunity for their case to be heard by the Supreme Court. However, it is predominantly a discretionary tool the Court uses to select cases that present significant legal questions or where there's inconsistency across appellate courts.

  • Misconception 2: The Supreme Court's denial reflects on the case's merits. If the Court denies a writ of certiorari, some infer it as a commentary on the case's substance. The denial usually means the Court has opted not to review the case, without implying anything about its merits.

  • Misconception 3: Once denied, there's no recourse. Often, petitioners think a denial is the end of the road. While it's true for the Supreme Court, petitioners might have other legal avenues or courts they can approach, depending on the nature of their case.

  • Misconception 4: The process is simple for individuals. While there are guides and forms such as "Guide for Prospective Indigent Petitioners for Writs of Certiorari," the process remains complex and challenging, particularly for those without legal assistance.

  • Misconception 5: There's plenty of time to file after a judgment. Many underestimate the strictness of the filing deadline. Petitions must be filed within 90 days from the judgment or denial of a rehearing in lower courts, a timeline that is rigid and requires careful planning.

  • Misconception 6: Any legal matter can be brought before the Supreme Court using a writ of certiorari. The Court is selective, often focusing on cases with broad legal implications, significant public interest, or where lower courts have given conflicting decisions on the same legal question.

  • Misconception 7: Petitioners need to submit multiple copies of their petition. While this applies to those not proceeding in forma pauperis, inmates and those without counsel are required to file only the original documents, simplifying the process for certain petitioners.

  • Misconception 8: Electronic filing is acceptable for everyone. Despite technological advancements in court systems, the Supreme Court requires physical documents to be mailed or delivered, with specific guidelines for those submissions, albeit with minor exceptions.

Key takeaways

When filling out and using the Writ of Certiorari form, individuals without legal representation and claiming indigence will find guidance specifically crafted to aid them in navigating through the process. Here are key takeaways:

  1. Review Discretion: A writ of certiorari is not granted as a matter of right but at the judicial discretion of the Supreme Court, focusing on cases of broad legal significance rather than correcting lower court errors.
  2. Filing Deadline: Petitions must be filed within 90 days from the judgment of the United States court of appeals or the highest state appellate court, or 90 days following the denial of a rehearing request.
  3. Required Filings: Non-incarcerated individuals not represented by counsel are to file an original and ten copies of both the motion for leave to proceed in forma pauperis and the writ petition, with an affidavit or declaration for each.
  4. Inmate Filings: Incarcerated individuals without counsel need only submit the original of each required document.
  5. Service of Documents: Proof of service must be provided, showing that all opposing parties or their counsel have been served with a copy of the filings.
  6. Page Limitation: The petition for a writ of certiorari may not exceed 40 pages, excluding certain preliminary pages and the appendix.
  7. Redaction of Personal Information: Certain personal information should be redacted in filings, adhering to practices similar to lower federal courts, such as showing only the last four digits of social security numbers.
  8. Submitting Documents: All documents must be addressed to the Clerk of the Supreme Court and served on opposing parties or their counsel in adherence to specific rules.
  9. Page and Appendix Organization: Filings should include a Table of Contents and an Index of Appendices, with documentation clearly marked and organized as stipulated in the guidelines.
  10. Relation to Lower Court Rulings: The appellate process is designed to resolve conflicts between lower court rulings or to address significant legal principles, with the Supreme Court focusing on cases of broader legal and public importance.

These takeaways underscore the procedural and substantive considerations imperative for indigent petitioners proceeding without counsel in seeking a writ of certiorari from the Supreme Court. The structured guidance aims to make the process more accessible while ensuring compliance with the Court's requirements.

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