Motions to the Court

Rules of the Supreme Court of the United States

Rule: 21

Jurisdiction: US

Bluebook Citation: Sup. Ct. R. 21

1. Every motion to the Court shall clearly state its pur- pose and the facts on which it is based and may present legal argument in support thereof. No separate brief may be filed. A motion should be concise and shall comply with any applicable page limits. Non-dispositive motions and applica- tions in cases in which certiorari has been granted, probable jurisdiction noted, or consideration of jurisdiction postponed shall state the position on the disposition of the motion or application of the other party or parties to the case. Rule 22 governs an application addressed to a single Justice. 2. (a) A motion in any action within the Court’s original jurisdiction shall comply with Rule 17.3. (b) A motion to dismiss as moot (or a suggestion of moot- ness), a motion for leave to file a brief as amicus curiae, and any motion the granting of which would dispose of the entire case or would affect the final judgment to be entered (other than a motion to docket and dismiss under Rule 18.5 or a motion for voluntary dismissal under Rule 46) shall be pre- pared as required by Rule 33.1, and 40 copies shall be filed, SUPREME COURT RULE 22 27 except that a movant proceeding in forma pauperis under Rule 39, including an inmate of an institution, shall file a motion prepared as required by Rule 33.2, and shall file the number of copies required for a petition by such a person under Rule 12.2. The motion shall be served as required by Rule 29. (c) Any other motion to the Court shall be prepared as required by Rule 33.2; the moving party shall file an original and 10 copies. The Court subsequently may order the mov- ing party to prepare the motion as required by Rule 33.1; in that event, the party shall file 40 copies. 3. A motion to the Court shall be filed with the Clerk and shall be accompanied by proof of service as required by Rule 29. No motion may be presented in open Court, other than a motion for admission to the Bar, except when the proceed- ing to which it refers is being argued. Oral argument on a motion will not be permitted unless the Court so directs. 4. Any response to a motion shall be filed as promptly as possible considering the nature of the relief sought and any asserted need for emergency action, and, in any event, within 10 days of receipt, unless the Court or a Justice, or the Clerk under Rule 30.4, orders otherwise. A response to a motion prepared as required by Rule 33.1, except a re- sponse to a motion for leave to file an amicus curiae brief, shall be prepared in the same manner if time permits. In an appropriate case, the Court may act on a motion without waiting for a response.

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