Federal Court Rules
Supreme Court Rules
Sup. Ct. R.Govern practice and procedure in the Supreme Court of the United States.
Overview
The Rules of the Supreme Court of the United States govern every step of practice before the nation's highest court — from filing a petition for certiorari to preparing a brief on the merits to arguing the case in the courtroom across from the Capitol. The current rules were last comprehensively revised in 2019 and are issued by the Court itself rather than through the Rules Enabling Act process used for other federal rules.
The Court's docket is overwhelmingly discretionary. Each year, parties file roughly 7,000 to 8,000 petitions for a writ of certiorari, and the Court grants review in fewer than 80. Rule 10 sets the considerations governing certiorari review: conflicts among the courts of appeals on important federal questions, conflicts with state courts of last resort, and important federal questions that have not been settled by the Supreme Court. The rule emphasizes that 'a petition for a writ of certiorari is rarely granted when the asserted error consists of erroneous factual findings or the misapplication of a properly stated rule of law.'
Rule 13 sets the deadline for filing a petition: 90 days from entry of the lower court's judgment in civil cases, or 90 days from denial of timely rehearing. The deadline is statutorily mandated for certiorari from state courts and is jurisdictional. Extensions of up to 60 days may be granted by an individual Justice for good cause, and applications for extensions must be filed at least 10 days before the deadline expires.
Rule 14 governs the content of the petition itself. Petitions must include the questions presented, a list of related proceedings, citations to lower-court opinions, the basis for jurisdiction, the constitutional and statutory provisions involved, a statement of the case, the reasons for granting the petition, and an appendix with the lower-court decisions. The questions presented must appear at the very front of the petition and frame everything that follows. Rule 33 governs formatting: petitions filed in booklet form must use a 6⅛ × 9¼ inch page with a specific font and a strict word limit of 9,000 words.
If certiorari is granted, the parties file briefs on the merits under Rule 24, with amici curiae participating under Rule 37. Oral argument is scheduled under Rule 28 — typically 30 minutes per side — and decisions issue throughout the Term, which begins the first Monday in October and concludes by late June or early July.
Key Provisions
Identifies the factors the Court considers when deciding whether to grant a writ of certiorari: conflicts among courts of appeals or with state courts of last resort, important federal questions not yet settled by the Supreme Court, and departures from accepted judicial proceedings. The rule expressly notes that error correction alone is rarely a basis for review.
Sets a 90-day deadline from entry of judgment (or denial of timely rehearing) to file a petition for a writ of certiorari. The deadline is jurisdictional in cases from state courts and may be extended for good cause by an individual Justice up to 60 additional days when an application is timely filed.
Specifies the required content of a petition: questions presented, parties to the proceeding and corporate disclosure, table of contents, citations to lower-court opinions, statement of jurisdiction, constitutional and statutory provisions involved, statement of the case, reasons for granting the petition, and appendix containing the lower-court decisions and any orders denying rehearing.
Requires booklet-format documents to be 6⅛ × 9¼ inches printed on opaque white paper with specific font (Century family, 12-point body, 10-point footnotes), and sets word limits — 9,000 words for petitions, 13,000 words for merits briefs. 8½-by-11-inch format is permitted for petitions filed by parties proceeding in forma pauperis.
Permits amici curiae to file briefs at both the certiorari stage and on the merits, subject to consent of the parties or leave of the Court. Amicus briefs at the cert stage are limited to 6,000 words and on the merits to 9,000 words; they must disclose any party-related authorship or financial contributions.
Procedure Flow
Petition for Writ of Certiorari
Petitioner files a petition within Rule 13's 90-day deadline. The petition is served on opposing counsel, and respondents may file a brief in opposition under Rule 15. A petitioner may file a reply within 10 days of receiving the opposition.
Conference and Cert Decision
The Court considers petitions at its conferences. Granting certiorari requires the votes of at least four Justices (the 'Rule of Four'). Most petitions are denied without explanation.
Merits Briefing
Once cert is granted, petitioner files an opening brief on the merits within 45 days. Respondent files within 30 days, and petitioner may file a reply. Rule 24 governs content; Rule 33 governs format and the 13,000-word limit for principal briefs.
Oral Argument
Argument is scheduled under Rule 28, typically 30 minutes per side. The Justices ask questions throughout, and counsel must reserve time for rebuttal. The Solicitor General often participates as amicus on behalf of the United States.
Decision and Mandate
The Court issues opinions throughout the Term, which runs from the first Monday in October to late June or early July. The judgment becomes effective when the Court issues its mandate to the lower court under Rule 45.
Common Issues to Watch
- Filing a petition that focuses on error correction rather than the conflicts and importance factors specified in Rule 10.
- Missing the Rule 13 90-day deadline, which is jurisdictional in state-court cases and almost always fatal in federal cases as well.
- Failing to frame the questions presented under Rule 14 in a clear, focused manner suitable for nationwide application.
- Exceeding the Rule 33 word limit (9,000 words for petitions; 13,000 for merits briefs) without obtaining leave to file an oversized document.
- Filing an amicus brief without the required disclosures under Rule 37.6 about authorship and funding.
- Submitting a petition in 8½-by-11-inch format when booklet format is required, or vice versa, leading to clerk-office rejection.
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Last reviewed: 2026-05-02
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.