Briefs in Opposition; Reply Briefs;

Supplemental Briefs 1. A brief in opposition to a petition for a writ of certiorari may be filed by the respondent in any case, but is not manda- tory except in a capital case, see Rule 14.1(a), or when re- quested by the Court. 2. A brief in opposition should be stated briefly and in plain terms and may not exceed the word or page limitations SUPREME COURT RULE 15 15 specified in Rule 33. In addition to presenting other argu- ments for denying the petition, the brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly would be before the Court if certiorari were granted. Counsel are admon- ished that they have an obligation to the Court to point out in the brief in opposition, and not later, any perceived mis- statement made in the petition. Any objection to consider- ation of a question presented based on what occurred in the proceedings below, if the objection does not go to jurisdic- tion, may be deemed waived unless called to the Court’s at- tention in the brief in opposition. A brief in opposition should identify any parties to the proceeding that were not identified in the petition under Rule 14.1(b)(i), along with their respective stock ticker symbols, if any, and any directly related cases that were not identified in the petition under Rule 14.1(b)(iii), including for each such case the information called for by Rule 14.1(b)(iii). 3. Any brief in opposition shall be filed within 30 days after the case is placed on the docket, unless the time is ex- tended by the Court or a Justice, or by the Clerk under Rule 30.4. Forty copies shall be filed, except that a respondent proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies re- quired for a petition by such a person under Rule 12.2, to- gether with a motion for leave to proceed in forma pauperis, a copy of which shall precede and be attached to each copy of the brief in opposition. If the petitioner is proceeding in forma pauperis, the respondent shall prepare its brief in opposition, if any, as required by Rule 33.2, and shall file an original and 10 copies of that brief. Whether prepared under Rule 33.1 or Rule 33.2, the brief in opposition shall comply with the requirements of Rule 24 governing a re- spondent’s brief, except that no summary of the argument is required. A brief in opposition may not be joined with any other pleading, except that any motion for leave to proceed in forma pauperis shall be attached. The brief in opposi- tion shall be served as required by Rule 29. 16 SUPREME COURT RULE 15 4. No motion by a respondent to dismiss a petition for a writ of certiorari may be filed. Any objections to the juris- diction of the Court to grant a petition for a writ of certiorari shall be included in the brief in opposition. 5. The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief in opposition is filed, upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the petition, brief in opposition, and any reply brief to the Court for its consideration no less than 14 days after the brief in opposition is filed, unless the petitioner ex- pressly waives the 14-day waiting period. 6. Any petitioner may file a reply brief addressed to new points raised in the brief in opposition, but distribution and consideration by the Court under paragraph 5 of this Rule will not be deferred pending its receipt. Forty copies shall be filed, except that a petitioner proceeding in forma pau- peris under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The reply brief shall be served as required by Rule 29. 7. If a cross-petition for a writ of certiorari has been dock- eted, distribution of both petitions will be deferred until the cross-petition is due for distribution under this Rule. 8. Any party may file a supplemental brief at any time while a petition for a writ of certiorari is pending, calling attention to new cases, new legislation, or other intervening matter not available at the time of the party’s last filing. A supplemental brief shall be restricted to new matter and shall follow, insofar as applicable, the form for a brief in oppo- sition prescribed by this Rule. Forty copies shall be filed, except that a party proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file the number of copies required for a petition by such a person under Rule 12.2. The supplemental brief shall be served as required by Rule 29. SUPREME COURT RULE 17 17 9. Where a respondent files a waiver of the right to file a brief in opposition, the waiver should identify any parties to the proceeding that were not identified in the petition under Rule 14.1(b)(i), along with their respective stock ticker sym- bols, if any. Where a respondent is a nongovernmental cor- poration and it has a parent corporation or a publicly held company owns 10% or more of the corporation’s stock, it is required that either a brief in opposition or a waiver be filed, and the brief in opposition or waiver must include the infor- mation required by Rule 29.6.