US Supreme Court Rules: Certiorari, Briefs, and Oral Argument

The Rules of the U.S. Supreme Court are the numbered procedural rules that govern every step of practice before the Court, from bar admission and the contents of a certiorari petition to word limits, filing deadlines, oral argument, emergency stays, rehearing, and the Justices’ own Code of Conduct. There are more than 50 of them, and together they form the operating manual for anyone bringing a case to One First Street or trying to understand how the Court handles the ones it takes.

How the Court Decides What to Hear

The Court reviews only a small fraction of the cases parties ask it to consider. Rule 10 lists the considerations that guide the Justices but stresses that none of them are controlling and the Court keeps broad discretion. The most common reasons for granting review are a conflict between federal appeals courts on the same legal question, a state high court decision that clashes with another state high court or a federal appeals court, and cases where a lower court has decided an important federal question the Supreme Court has never addressed.¹

The internal vote follows the “Rule of Four,” a longstanding practice rather than a written rule. If four of the nine Justices agree a case deserves full review, certiorari is granted.

Who Can Practice Before the Court

Rule 5 requires an attorney to have been admitted to practice before the highest court of a state, territory, or the District of Columbia for at least three years immediately before applying to the Supreme Court Bar. The applicant must have no adverse disciplinary action during that period and must show good moral and professional character.²

Two current Bar members who personally know the applicant, and who are not related to them, must sponsor the application.² The applicant submits the form, signs the required oath, and pays a $200 fee.³ Admission can happen by written motion filed with the Clerk or by introduction in open court.

What a Certiorari Petition Must Contain

Most cases reach the Court through a petition for a writ of certiorari. Rule 14 spells out the contents. It begins with the questions presented, stated concisely and without unnecessary detail, and neither argumentative nor repetitive.⁴ Those questions frame everything the Justices will consider.

The petition must also identify all parties from the lower court proceedings, include the full text of any lower court or agency opinions and orders, and explain why the Supreme Court has jurisdiction. If it exceeds 1,500 words in booklet format or five pages in the alternative format, it must include a table of contents and a table of cited authorities.⁴

Booklet Format and Word Limits

Rule 33.1 sets exact physical specifications. Paper measures 6⅛ by 9¼ inches and weighs at least 60 pounds, with text printed on both sides. Typeface is a Century family font at 12 points with at least 2-point leading, and footnotes drop to 10 points. Typewritten documents are not accepted.⁵

The petition text is capped at 9,000 words. Questions presented, party listings, tables of contents and authorities, and counsel listings do not count against the cap; footnotes do. The Court may grant leave to exceed the limit for good cause, but such requests are not favored and must reach the Clerk at least 15 days before the filing date.⁶

Deadlines, Copies, and Fees

Rule 13 requires a petition for certiorari to be filed with the Clerk within 90 days after entry of the lower court judgment, whether the case comes from a state court of last resort or a federal appeals court.⁷ Missing this deadline usually ends the case regardless of the merits. For good cause, a Justice may extend the filing period by up to 60 days under Rule 13.5.

A paid case requires 40 printed copies of the petition in booklet format and a $300 docketing fee.⁸⁹ Parties who cannot afford those costs may seek leave to proceed in forma pauperis under Rule 39, filing on standard 8½-by-11-inch paper. They submit an original plus 10 copies of the petition along with a motion explaining their financial circumstances. An incarcerated person who is unrepresented and qualifies files only the original petition and motion.

Service and Electronic Filing

Rule 29 requires every document filed with the Clerk to be served on all other parties at or before the time of filing. Service can be made in person, by mail, or through a commercial carrier that guarantees delivery within three calendar days.¹⁰ Proof of service accompanies the filing.

Paper is still the official form of filing. Parties represented by counsel must also submit electronic versions through the Court’s electronic filing system, and those documents appear on the public docket at no charge. Pro se filers submit only paper, which the Court scans and posts.¹¹

Merits Briefs

After certiorari is granted, the case moves into merits briefing. Rule 24 requires a summary of the argument, the argument itself broken into sections with topical headings, and a conclusion stating the precise relief sought.¹² The respondent’s brief follows the same general requirements but can skip sections already adequately presented by the other side.

Rule 25 sets the schedule. The petitioner has 45 days from the order granting certiorari to file 40 copies of the opening brief. The respondent has 30 days after that to file a response. Any reply is due within 30 days of the respondent’s brief, and it must reach the Clerk no later than 2:00 p.m. ten days before oral argument.¹³

Amicus Briefs

An amicus curiae brief lets a non-party weigh in on a case. Rule 37 requires written consent from all parties, unless the Court grants special leave. A party can simplify this by filing a blanket consent letter with the Clerk, which is then noted on the docket.¹⁴

No consent or motion is required when the brief is filed by the federal government through the Solicitor General, by a state through its Attorney General, or by a city or county through its authorized law officer.¹⁴

Deadlines are tight and cannot be extended. At the certiorari stage, an amicus supporting the petitioner files within 30 days after the case is docketed or a response is called for, whichever is later; an amicus supporting the respondent files within the time allowed for the brief in opposition. At the merits stage, an amicus brief is due within seven days after the supported party’s brief is filed.¹⁴

Word limits: 6,000 words at the certiorari stage, 8,000 words for non-governmental amicus briefs at the merits stage, and 9,000 words for governmental amicus briefs at the merits stage. Footnotes count.¹⁵

Oral Argument

Under Rule 27, cases set for argument appear on a hearing list published in advance by the Clerk. A case is typically not scheduled less than two weeks after the respondent’s merits brief is due.¹⁶

Rule 28 gives each side 30 minutes. Requests for more time are rarely granted and must be filed by motion no later than seven days after the respondent’s merits brief is submitted, explaining specifically why the case cannot be presented within the half hour.¹⁷ A white light on the lectern signals five minutes remaining; a red light means time is up.¹⁸

Reading from a prepared text is discouraged. Rule 28 directs counsel to emphasize and clarify the written briefs, and the Court expects every Justice will already have read them.¹⁷ Only members of the Supreme Court Bar, or those granted special leave, may argue. The Court can order related cases argued together as a single case.¹⁶

Supplemental Briefs

If new cases, legislation, or other developments arise while a petition is pending, any party may file a supplemental brief under Rule 15.8. The brief is limited to the new matter and cannot rehash prior arguments. In booklet format it is capped at 3,000 words.⁶ Forty copies are required in paid cases, with the same service requirements as other filings.¹⁹

Emergency Applications and Stays

When a party needs urgent relief, such as blocking a lower court judgment from taking effect while the Court considers the case, they file a stay application under Rules 22 and 23. The application first goes to the Justice assigned to the circuit where the case originated. If that Justice is unavailable, it passes to the next most junior available Justice.²⁰

Except in extraordinary circumstances, the applicant must first have sought relief from the lower courts. The application must state with specificity why a stay is justified and why no other court can provide relief, and copies of the lower court order and opinion must be attached.²⁰ A Justice may condition the stay on the posting of a bond sufficient to cover the full judgment, plus costs, interest, and delay damages.

Rehearing

Rule 44 lets any party petition for rehearing within 25 days of the judgment. The petition must state its grounds briefly and include a certification that it is filed in good faith and not for delay.²¹

For orders denying certiorari, the bar is higher: rehearing grounds are limited to intervening circumstances of a substantial or controlling effect, or other substantial grounds not previously raised. The 25-day deadline cannot be extended, and the Clerk will not accept a filing without the required good-faith certification.²¹

Code of Conduct for the Justices

On November 13, 2023, the Justices adopted a formal Code of Conduct consolidating and publicly stating the ethics principles governing their behavior. The Justices described the Code as largely a codification of principles they had long followed.²²

The Code directs Justices to act in ways that promote public confidence in the integrity and impartiality of the judiciary. It addresses disqualification, telling Justices to step aside from cases where they have a financial interest in the outcome or a personal relationship with a party. Standards for outside activities limit speaking engagements, teaching, and other commitments that could compromise judicial duties. Financial interests must be disclosed annually. The Code lacks a formal enforcement mechanism separate from the Justices themselves, a point that has drawn criticism, but it is the first unified ethics framework the Court has published for its own members.²²

1
Legal Information Institute. Supreme Court Rule 10 – Considerations Governing Review on Certiorari
2
Legal Information Institute. Supreme Court Rule 5 – Admission to the Bar
3
Supreme Court of the United States. Instructions for Admission to the Bar
4
Legal Information Institute. Supreme Court Rule 14 – Content of a Petition for a Writ of Certiorari
5
Supreme Court of the United States. Guide to Filing Paid Cases
6
Legal Information Institute. Supreme Court Rule 33 – Document Preparation: Booklet Format; 8 1/2- by 11-Inch Paper Format
7
Legal Information Institute. Supreme Court Rule 13 – Review on Certiorari: Time for Petitioning
8
Legal Information Institute. Supreme Court Rule 12 – Review on Certiorari: How Sought; Parties
9
Legal Information Institute. Supreme Court Rule 38 – Fees
10
Legal Information Institute. Supreme Court Rule 29 – Filing and Service of Documents
11
Supreme Court of the United States. Electronic Filing
12
Legal Information Institute. Supreme Court Rule 24 – Briefs on the Merits: In General
13
Legal Information Institute. Supreme Court Rule 25 – Briefs on the Merits: Number of Copies and Time to File
14
Legal Information Institute. Supreme Court Rule 37 – Brief for an Amicus Curiae
15
Supreme Court of the United States. Amicus Curiae Brief Guide
16
Legal Information Institute. Supreme Court Rule 27 – The Calendar
17
Legal Information Institute. Supreme Court Rule 28 – Oral Argument
18
Supreme Court of the United States. Visitor’s Guide to Oral Argument
19
Supreme Court of the United States. Rules of the Supreme Court of the United States – Rule 15.8
20
Legal Information Institute. Supreme Court Rule 23 – Stays
21
Legal Information Institute. Supreme Court Rule 44 – Rehearing
22
Supreme Court of the United States. Code of Conduct for Justices of the Supreme Court of the United States