Content of a Petition for a Writ of Certiorari

Rules of the Supreme Court of the United States

Rule: 14

Jurisdiction: US

Bluebook Citation: Sup. Ct. R. 14

1. A petition for a writ of certiorari shall contain, in the order indicated: (a) The questions presented for review, expressed con- cisely in relation to the circumstances of the case, without unnecessary detail. The questions should be short and should not be argumentative or repetitive. If the petitioner or respondent is under a death sentence that may be affected by the disposition of the petition, the notation “capital case” shall precede the questions presented. The questions shall be set out on the first page following the cover, and no other information may appear on that page. The statement of any question presented is deemed to comprise every subsidiary question fairly included therein. Only the questions set out in the petition, or fairly included therein, will be considered by the Court. (b) (i) A list of all parties to the proceeding in the court whose judgment is sought to be reviewed, along with their respective stock ticker symbols, if any; (ii) a corporate disclosure statement as required by Rule 29.6; and (iii) a list of all proceedings in state and federal trial and appellate courts, including proceedings in this Court, that are directly related to the case in this Court. For each such proceeding, the list should include the court in question, the docket number and case caption for the proceeding, and the date of entry of the judg- ment. For the purposes of this rule, 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 col- lateral proceedings. (c) If the petition prepared under Rule 33.1 exceeds 1,500 words or exceeds five pages if prepared under Rule 33.2, a 12 SUPREME COURT RULE 14 table of contents and a table of cited authorities. The table of contents shall include the items contained in the appendix. (d) Citations of the official and unofficial reports of the opinions and orders entered in the case by courts or adminis- trative agencies. (e) A concise statement of the basis for jurisdiction in this Court, showing: (i) the date the judgment or order sought to be re- viewed was entered (and, if applicable, a statement that the petition is filed under this Court’s Rule 11); (ii) the date of any order respecting rehearing, and the date and terms of any order granting an extension of time to file the petition for a writ of certiorari; (iii) express reliance on Rule 12.5, when a cross- petition for a writ of certiorari is filed under that Rule, and the date of docketing of the petition for a writ of certiorari in connection with which the cross-petition is filed; (iv) the statutory provision believed to confer on this Court jurisdiction to review on a writ of certiorari the judgment or order in question; and (v) if applicable, a statement that the notifications re- quired by Rule 29.4(b) or (c) have been made. (f) The constitutional provisions, treaties, statutes, ordi- nances, and regulations involved in the case, set out verba- tim with appropriate citation. If the provisions involved are lengthy, their citation alone suffices at this point, and their pertinent text shall be set out in the appendix referred to in subparagraph 1(i). (g) A concise statement of the case setting out the facts material to consideration of the questions presented, and also containing the following: (i) If review of a state-court judgment is sought, speci- fication of the stage in the proceedings, both in the court of first instance and in the appellate courts, when the federal questions sought to be reviewed were raised; the SUPREME COURT RULE 14 13 method or manner of raising them and the way in which they were passed on by those courts; and pertinent quo- tations of specific portions of the record or summary thereof, with specific reference to the places in the rec- ord where the matter appears (e. g., court opinion, ruling on exception, portion of court’s charge and exception thereto, assignment of error), so as to show that the fed- eral question was timely and properly raised and that this Court has jurisdiction to review the judgment on a writ of certiorari. When the portions of the record re- lied on under this subparagraph are voluminous, they shall be included in the appendix referred to in subpara- graph 1(i). (ii) If review of a judgment of a United States court of appeals is sought, the basis for federal jurisdiction in the court of first instance. (h) A direct and concise argument amplifying the reasons relied on for allowance of the writ. See Rule 10. (i) An appendix containing, in the order indicated: (i) the opinions, orders, findings of fact, and conclu- sions of law, whether written or orally given and tran- scribed, entered in conjunction with the judgment sought to be reviewed; (ii) any other relevant opinions, orders, findings of fact, and conclusions of law entered in the case by courts or administrative agencies, and, if reference thereto is necessary to ascertain the grounds of the judgment, of those in companion cases (each document shall include the caption showing the name of the issuing court or agency, the title and number of the case, and the date of entry); (iii) any order on rehearing, including the caption showing the name of the issuing court, the title and number of the case, and the date of entry; (iv) the judgment sought to be reviewed if the date of its entry is different from the date of the opinion 14 SUPREME COURT RULE 15 or order required subparagraph; in sub-subparagraph (i) of this (v) material required by subparagraphs 1(f) or 1(g)(i); and (vi) any other material the petitioner believes essen- tial to understand the petition. If the material required by this subparagraph is voluminous, it may be presented in a separate volume or volumes with appropriate covers. 2. All contentions in support of a petition for a writ of certiorari shall be set out in the body of the petition, as pro- vided in subparagraph 1(h) of this Rule. No separate brief in support of a petition for a writ of certiorari may be filed, and the Clerk will not file any petition for a writ of certiorari to which any supporting brief is annexed or appended. 3. A petition for a writ of certiorari should be stated briefly and in plain terms and may not exceed the word or page limitations specified in Rule 33. 4. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to ready and ade- quate understanding of the points requiring consideration is sufficient reason for the Court to deny a petition. 5. If the Clerk determines that a petition submitted timely and in good faith is in a form that does not comply with this Rule or with Rule 33 or Rule 34, the Clerk will return it with a letter indicating the deficiency. A corrected petition submitted in accordance with Rule 29.2 no more than 60 days after the date of the Clerk’s letter will be deemed timely.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.