Each type of brief has its own purpose, tone, and of course, requirements. In this blog post, we will examine the different types of Supreme Court briefs in Hollingsworth v. Perry, a recent case in which dozens of briefs were filed, many printed right here at Cockle.
The popular Supreme Court blog website SCOTUSblog provides a color-coded summary of all of the briefs filed in Hollingsworth. The color of each entry represents the color of the cover required by the Court’s Rules. Let’s take it from the top, starting with the petition for writ of certiorari. You can follow the hyperlinks below to see the different types of briefs we filed in Hollingsworth.
PETITION STAGE
Petition for Writ of Certiorari
- What is it? The primary vehicle by which cases are appealed to the Supreme Court.
- When is it filed? 90 days after the judgment of a lower state court of last resort or a United State Court of Appeals, the denial of review by a lower state court subject to discretionary review, or a denial of rehearing by a lower state court of last resort or a United State Court of Appeals.
- Unique requirements? 9,000 words, Questions Presented, Opinions Below, Jurisdiction, Constitutional or Statutory Provisions Involved, Statement of the Case, Argument, Conclusion.
- Tone? In your petition you are trying to persuade the Court to hear your case. You will want to demonstrate “compelling reasons” as characterized in Rule 10.
- What is it? Respondent’s opportunity to demonstrate the reasons why the Court should not grant certiorari. Not mandatory.
- When is it filed? 30 days after the petition for writ of certiorari is docketed, unless the time is extended.
- Unique requirements? None other than the typical Argument and Conclusion. The BIO will sometimes mirror the petition with counter-statements of the Question Presented, Jurisdiction, Statement of the Case, etc.
- Tone? The Respondent is attempting to persuade the Court to not hear the case, typically by attacking the arguments and claims made in the petition.
Petition-stage Amicus Curiae Brief
- What is it? Latin for “friend of the court,” an amicus curiae is not a party to the case, but is a person, group, or organization who files a brief lending a unique perspective to the Court in the hopes it might influence the Court’s decision of an issue.
- When is it filed? An amicus curiae brief supporting the Petitioner must be filed 30 days after the docket date or the date the Court sets for a brief in opposition, whichever is later. An amicus curiae brief supporting the Respondent must be filed at the time the brief in opposition is due.
- Unique requirements? 6,000 word limit, Interest of the Amicus, Summary of Argument sections. The brief must be accompanied by the written consent of each party, or if one or more of the parties withholds consent, then a motion must be attached to the brief. The parties must be given 10-days notice to the filing of the brief, and this must be specifically averred to in a footnote on the first page of the brief. The footnote must also contain averments that no party made a monetary contribution or authored the brief, and that the parties have consented.
- Tone? Depending on who the amicus party supports, the brief will either argue for the granting or denial of the petition.
- What is it? The Petitioner’s response to the Respondent’s brief in opposition. Not mandatory.
- When is it filed? It should be filed before the Clerk distributes the case for conference, which is no less than 14 days after the filing of the brief in opposition.
- Unique requirements? 3,000 word limit, no particular sections are required.
- Tone? The Petitioner gets the opportunity to rebut the arguments made by the Respondent in the BIO.
MERITS STAGE
Petitioner’s Brief on the Merits
- What is it? Petitioner’s first opportunity to address the merits of the case.
- When is it filed? 45 days after order granting certiorari.
- Unique requirements? 15,000 word limit, same sections as petition for writ of certiorari plus a Summary of Argument section.
- Tone? The Petitioner will argue why the Petitioner should win the case.
Merits-stage Amicus Curiae Brief
- What is it? Same definition as above.
- When is it filed? 7 days after the opening brief of the party the amicus is in support of.
- Unique requirements? 9,000 word limit, same requirements as petition-stage amicus brief except 10-day notice is not required and a Summary of Argument section must be included.
- Tone? The amicus party will argue why the party they support should win.
Respondent’s Brief on the Merits
- What is it? Respondent’s first opportunity to address the merits of the case.
- When is it filed? 30 days after the Petitioner’s opening brief.
- Unique requirements? Summary of Argument and Argument sections are required. Respondent can present counter-statements as in the BIO.
- Tone? The Respondent will argue why the Respondent should win the case.
Petitioner’s Reply Brief on the Merits
- What is it? The Petitioner’s response to the Respondent’s opening brief. It is not mandatory.
- When is it filed? 30 days after the Respondent’s brief, but actually received by the Court no later than 2:00 PM one week before oral argument.
- Unique requirements? 6,000 words, no particular sections are required.
- Tone? The Petitioner gets the opportunity to rebut the arguments made by the Respondent in the Respondent’s opening brief.
At Cockle Legal Briefs we are the experts when it comes to navigating the Court’s complex Rules. Rely on us to help you with the filing of your next brief!
