How to Format a Supreme Court Brief Cover Page

The cover page of a Supreme Court brief follows a fixed format set by Rules 33 and 34 of the Rules of the Supreme Court of the United States: six specific items in a specific order, printed on 65-pound stock in the color assigned to that type of filing, with all text set in a Century family typeface at 12 points. The Clerk’s Office checks each submission against these rules before docketing it, so the cover has to be right the first time.

The Six Required Elements, In Order

Rule 34.1 lists six items that must appear on every cover, running from the top of the page down:¹

The docket number. If the Court has not yet assigned one, leave a blank space for the Clerk to fill in.
The court name, typically styled “In the Supreme Court of the United States.”
The case caption, with party names as styled in Supreme Court proceedings.
A line identifying the nature of the proceeding and the court below, such as “On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.”
The document title, such as “Petition for Writ of Certiorari” or “Brief for Respondent.”
Counsel of record information: name, office address, email address, and telephone number for the single attorney designated as counsel of record, with a clear notation identifying that person as such. Other attorneys can appear on the cover, but only one is counsel of record, and that person must be a member of the Supreme Court Bar.

The order is not optional. Because the docket number sits at the top and counsel information comes last, attorney contact details fall naturally at the bottom of the page.

The nature-of-proceeding line changes as the case moves. A merits brief reads “On Writ of Certiorari to…” rather than “On Petition for…” because the Court has already granted review at that point.² Check that this line matches the current posture of the case, not the one it was in when the last brief was filed.

Cover Color By Filing Type

Rule 33.1(g) assigns a color to every kind of booklet-format filing, so a Justice can tell at a glance what a document is before opening it. Get this wrong and the Clerk’s Office will reject the filing. In one documented instance, a Justice flagged an amicus brief as insufficiently dark green, and the Clerk contacted counsel to reject it.³

Certiorari Stage

White: petition for a writ of certiorari, jurisdictional statement, or petition for an extraordinary writ.
Orange: brief in opposition, or motion to dismiss or affirm.
Tan: reply to a brief in opposition, or a supplemental brief.
Cream: amicus curiae brief at the petition stage.

Merits Stage

Light blue: brief on the merits by the petitioner or appellant.
Light red: brief on the merits by the respondent or appellee.
Yellow: reply brief on the merits.
Light green: amicus curiae brief supporting the petitioner, appellant, or neither party.
Dark green: amicus curiae brief supporting the respondent or appellee.

Special Covers

Gray: any document filed by the United States or another federal party represented by the Solicitor General.
Tan: joint appendices, answers to bills of complaint, and any document the rule does not otherwise assign a color.

Professional Supreme Court printers stock these specific shades because a close approximation is not close enough. If you are not using such a printer, order paper samples and compare them against a recent filing of the same type before printing the whole run.

Paper Stock, Typeface, And Margins

Booklet-format filings under Rule 33.1 use a page measuring 6⅛ by 9¼ inches, and the cover must be printed on 65-pound weight paper, which has the stiff feel of light cardstock. That weight holds up as copies circulate among nine chambers.³

All text, on the cover and inside, must be set in a Century family typeface (Century Expanded, New Century Schoolbook, or Century Schoolbook) at 12-point size with at least 2-point leading. Margins on every page must be at least three-quarters of an inch on all sides. The cover is not exempt from any of this. Ordinary word-processor defaults, Times New Roman, and Calibri will not do.

The 8½-By-11-Inch Alternative

Not every filer has to produce a booklet. Rule 33.2 lets certain documents come in on standard 8½-by-11-inch white paper: filings under Rules 21 and 22, in forma pauperis filings under Rule 39, and documents from individuals representing themselves without counsel. These covers do not use the color system and do not require 65-pound stock. They still need the same six elements from Rule 34.1, in the same order. The document is stapled or bound at the upper left corner rather than along the left margin.³

If you are filing as counsel in a paid case, this alternative is not available to you. The booklet rules apply in full.

What Gets A Cover Bounced

A few patterns account for most rejected covers. The color is off, because the printer used generic cardstock instead of the shade the rule assigns. The counsel-of-record notation is missing, so the Clerk cannot tell which of three attorneys on the cover is the one to serve. The nature-of-proceeding line still says “On Petition for…” on what is actually a merits brief. The typeface is not in the Century family. The paper is lighter than 65 pounds and the cover buckles.

Every one of these is caught during the Clerk’s compliance review, not during oral argument. Building the cover from Rule 34.1’s list, checking the color against Rule 33.1(g), and confirming the paper and typeface before the print run is the whole job.

1
Supreme Court of the United States. Rules of the Supreme Court of the United States – Rule 34
2
Legal Information Institute. Supreme Court Rule 34 – Document Preparation: General Requirements
3
Legal Information Institute. Supreme Court Rule 33 – Document Preparation: Booklet Format; 8 1/2- by 11-Inch Paper Format