legaleagle_45
Member
- Joined
- Aug 23, 2007
- Messages
- 834
ctdonath wrote:
Any word on the required & likely sources of the content of the text?
The requirements for a Petition for a Writ of Certiorari as detailed in the official court rules for SCOTUS:
Rule 14. Content of a Petition for a Writ of Certiorari
1. A petition for a writ of certiorari shall contain, in the
order indicated:
(a) The questions presented for review, expressed concisely
in relation to the circumstances of the case, without
unnecessary detail. The questions should be short and
should not be argumentative or repetitive. If the petitioner
or respondent is under a death sentence that may be affected
by the disposition of the petition, the notation “capital case”
shall precede the questions presented. The questions shall
be set out on the first page following the cover, and no other
information may appear on that page. The statement of any
question presented is deemed to comprise every subsidiary
question fairly included therein. Only the questions set out
in the petition, or fairly included therein, will be considered
by the Court.
(b) A list of all parties to the proceeding in the court
whose judgment is sought to be reviewed (unless the caption
of the case contains the names of all the parties), and a corporate
disclosure statement as required by Rule 29.6.
(c) If the petition exceeds five pages or 1,500 words, a
table of contents and a table of cited authorities. The table
of contents shall include the items contained in the appendix.
(d) Citations of the official and unofficial reports of the
opinions and orders entered in the case by courts or administrative
agencies.
(e) A concise statement of the basis for jurisdiction in this
Court, showing:
(i) the date the judgment or order sought to be reviewed
was entered (and, if applicable, a statement that
the petition is filed under this Court’s Rule 11);
(ii) the date of any order respecting rehearing, and
the date and terms of any order granting an extension
of time to file the petition for a writ of certiorari;
(iii) express reliance on Rule 12.5, when a crosspetition
for a writ of certiorari is filed under that Rule,
and the date of docketing of the petition for a writ of
certiorari in connection with which the cross-petition is
filed;
(iv) the statutory provision believed to confer on this
Court jurisdiction to review on a writ of certiorari the
judgment or order in question; and
(v) if applicable, a statement that the notifications required
by Rule 29.4(b) or (c) have been made.
(f) The constitutional provisions, treaties, statutes, ordinances,
and regulations involved in the case, set out verbatim
with appropriate citation. If the provisions involved are
lengthy, their citation alone suffices at this point, and their
pertinent text shall be set out in the appendix referred to in
subparagraph 1(i).
(g) A concise statement of the case setting out the facts
material to consideration of the questions presented, and also
containing the following:
(i) If review of a state-court judgment is sought, specification
of the stage in the proceedings, both in the court
of first instance and in the appellate courts, when the
federal questions sought to be reviewed were raised; the
method or manner of raising them and the way in which
they were passed on by those courts; and pertinent quotations
of specific portions of the record or summary
thereof, with specific reference to the places in the record
where the matter appears (e. g., court opinion, ruling
on exception, portion of court’s charge and exception
thereto, assignment of error), so as to show that the federal
question was timely and properly raised and that
this Court has jurisdiction to review the judgment on a
writ of certiorari. When the portions of the record relied
on under this subparagraph are voluminous, they
shall be included in the appendix referred to in subparagraph
1(i).
(ii) If review of a judgment of a United States court
of appeals is sought, the basis for federal jurisdiction in
the court of first instance.
(h) A direct and concise argument amplifying the reasons
relied on for allowance of the writ. See Rule 10.
(i) An appendix containing, in the order indicated:
(i) the opinions, orders, findings of fact, and conclusions
of law, whether written or orally given and transcribed,
entered in conjunction with the judgment
sought to be reviewed;
(ii) any other relevant opinions, orders, findings of
fact, and conclusions of law entered in the case by courts
or administrative agencies, and, if reference thereto is
necessary to ascertain the grounds of the judgment, of
those in companion cases (each document shall include
the caption showing the name of the issuing court or
agency, the title and number of the case, and the date
of entry);
(iii) any order on rehearing, including the caption
showing the name of the issuing court, the title and
number of the case, and the date of entry;
(iv) the judgment sought to be reviewed if the date
of its entry is different from the date of the opinion
or order required in sub-subparagraph (i) of this
subparagraph;
(v) material required by subparagraphs 1(f) or
1(g)(i); and
(vi) any other material the petitioner believes essential
to understand the petition.
If the material required by this subparagraph is voluminous,
it may be presented in a separate volume or volumes with
appropriate covers.
2. All contentions in support of a petition for a writ of
certiorari shall be set out in the body of the petition, as provided
in subparagraph 1(h) of this Rule. No separate brief
in support of a petition for a writ of certiorari may be filed,
and the Clerk will not file any petition for a writ of certiorari
to which any supporting brief is annexed or appended.
3. A petition for a writ of certiorari should be stated
briefly and in plain terms and may not exceed the word or
page limitations specified in Rule 33.
4. The failure of a petitioner to present with accuracy,
brevity, and clarity whatever is essential to ready and adequate
understanding of the points requiring consideration is
sufficient reason for the Court to deny a petition.
5. If the Clerk determines that a petition submitted timely
and in good faith is in a form that does not comply with this
Rule or with Rule 33 or Rule 34, the Clerk will return it
with a letter indicating the deficiency. A corrected petition
submitted in accordance with Rule 29.2 no more than 60 days
after the date of the Clerk’s letter will be deemed timely.
