Detailed information on the substance of a Petition for Writ of Certiorari, including the order in which required items are to appear, can be found in Supreme Court Rule 14.1. Per Rule 14.1, “A petition for writ of certiorari shall contain, in the order indicated:” Questions Presented “The questions presented for review, expressed concisely in [...]
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Amicus Briefs are submitted by non-parties to a case as a way of introducing information and concerns to the Court, demonstrating that a case’s outcome may have wider effects beyond the immediate parties to the suit. They can provide valuable assistance to the Court in its deliberations by presenting an argument or citing authorities not found [...]
When filing a Petition for Writ of Certiorari to the United States Supreme Court, the Questions Presented section is the first item that the Justices and their law clerks view. Because the Court’s certiorari jurisdiction, though sweeping in scope, is exercised sparingly, a well-crafted Questions Presented is of paramount importance in persuading the Court to [...]
When filing a Petition for Writ of Certiorari to the United States Supreme Court, the Questions Presented section is the first item that the Justices and their law clerks view. Because the Court’s certiorari jurisdiction, though sweeping in scope, is exercised sparingly, a well-crafted Questions Presented is of paramount importance in persuading the Court to [...]
Supreme Court practice has a language unto itself. One of the terms you will occasionally hear at the certiorari stage is that a petition has “vehicle problems.” Well, what does that mean? And what the heck is a vehicle? The Court doesn’t like to waste time. So when they consider granting a [...]
[This is another installment in the Matters of Practice series—designed to explain specific problems facing Supreme Court cert petitioners.] Not every granted petition for certiorari raises an issue on which the lower courts are divided; it just seems that way. While circuit conflicts are by far the most common [...]
With the start of the summer recess, the Supreme Court discontinued use of the 2010 Term docket numbers, ending with number 10-1558—a petition for mandamus filed by firefighter Frank Ricci. Yes, that Frank Ricci. For the fifth straight year, the number of paid petitions for certiorari, mandamus and original habeas corpus filed [...]