A Writ of Certiorari is a formal request to the Supreme Court to review a lower court's judgment. It's not automatically granted; the Supreme Court selects cases that have nationwide significance, resolve conflicting decisions among lower courts, or involve an important constitutional question. If you believe your case deserves the highest court's attention, filling out the Writ of Certiorari form can be your gateway to the Supreme Court’s review. Click the button below to get started on your form.
Imagine you're at a crossroads, seeking justice or a resolution to a legal matter that has journeyed through the maze of lower courts, and now your eyes are set on the highest court in the land: the Supreme Court of the United States. This is where the Writ of Certiorari form comes into play. Tailored for those who are moving forward without an attorney and may not have the financial means to cover costs, this document is a bridge to the Supreme Court's attention. Detailed guidelines, provided by the Office of the Clerk, shine a light on the complex path to petitioning the Court, emphasizing the discretionary nature of the Court's review process, aiming not to correct lower court errors but to address significant legal questions that have broader implications. With only about 1% of cases getting heard each term, understanding the critical aspects like timing—filing within 90 days of the judgment, what to file, including motions and supportive affidavits, and adhering to specific rules for document preparation, becomes crucial. For those undeterred by the odds and complexities, this guide illuminates the way forward, covering everything from filing in forma pauperis (as an indigent petitioner) to the nuances of presenting your case succinctly, ensuring compliance with page limitations, and the imperative of redacting personal information, all aiming to safeguard the integrity of the process while providing a lifeline to have your case considered at the pinnacle of the US judicial system.
July 2019
OFFICE OF THE CLERK
SUPREME COURT OF THE UNITED STATES
WASHINGTON, D. C. 20543
GUIDE FOR PROSPECTIVE INDIGENT PETITIONERS FOR WRITS OF
CERTIORARI
I. Introduction
These instructions and forms are designed to assist petitioners who are proceeding in forma pauperis and without the assistance of counsel. A copy of the Rules of the Supreme Court, which establish the procedures that must be followed, is also enclosed. Be sure to read the following Rules carefully:
Rules 10-14 (Petitioning for certiorari)
Rule 29 (Filing and service on opposing party or counsel)
Rule 30 (Computation and extension of time)
Rules 33.2 and 34 (Preparing pleadings on 81⁄2 x 11 inch paper)
Rule 39 (Proceedings in forma pauperis)
II. Nature of Supreme Court Review
It is important to note that review in this Court by means of a writ of certiorari is not a matter of right, but of judicial discretion. The primary concern of the Supreme Court is not to correct errors in lower court decisions, but to decide cases presenting issues of importance beyond the particular facts and parties involved. The Court grants and hears argument in only about 1% of the cases that are filed each Term. The vast majority of petitions are simply denied by the Court without comment or explanation. The denial of a petition for a writ of certiorari signifies only that the Court has chosen not to accept the case for review and does not express the Court’s view of the merits of the case.
Every petitioner for a writ of certiorari is advised to read carefully the Considerations Governing Review on Certiorari set forth in Rule 10. Important considerations for accepting a case for review include the existence of a conflict between the decision of which review is sought and a decision of another appellate court on the same issue. An important function of the Supreme Court is to resolve disagreements among lower courts about specific legal questions. Another consideration is the importance to the public of the issue.
III. The Time for Filing
You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing. The issuance of a mandate or remittitur after judgment has been entered has no bearing on the computation of time and does not extend the time for filing. See Rules 13.1 and
13.3.Filing in the Supreme Court means the actual receipt of paper documents by the Clerk; or their deposit in the United States mail, with first-class postage prepaid, on or before the final date allowed for filing; or their delivery to a third-party commer- cial carrier, on or before the final date allowed for filing, for delivery to the Clerk within 3 calendar days. See Rule 29.2.
IV. What To File
Unless you are an inmate confined in an institution and not represented by counsel, file:
—An original and ten copies of a motion for leave to proceed in forma pauperis and an original and 10 copies of an affidavit or declaration in support thereof. See Rule 39.
—An original and 10 copies of a petition for a writ of certiorari with an appendix consisting of a copy of the judgment or decree you are asking this Court to review including any order on rehearing, and copies of any opinions or orders by any courts or administrative agencies that have previously considered your case. See Rule 14.1(i).
—One affidavit or declaration showing that all opposing parties or their counsel have been served with a copy of the papers filed in this Court. See Rule 29.
If you are an inmate confined in an institution and not represented by counsel, you need file only the original of the motion for leave to proceed in forma pauperis, affidavit or declaration when needed in support of the motion for leave to proceed in forma pau- peris, the petition for a writ of certiorari, and proof of service.
If the court below appointed counsel in the current proceeding, no affidavit or declara- tion is required, but the motion should cite the provision of law under which counsel was appointed, or a copy of the order of appointment should be appended to the motion. See Rule 39.1.
The attached forms may be used for the original motion, affidavit or declaration, and petition, and should be stapled together in that order. The proof of service should be included as a detached sheet, and the form provided may be used.
The Court’s practice is to scan and make available on its website most filings submitted by litigants representing themselves. The Court scans petitions, motions to proceed in forma pauperis, proofs of service, and the portion of an appendix that includes relevant lower court opinions and rulings. While the Court does not scan other por- tions of an appendix from a pro se litigant, the entire appendix is fully a part of the Court’s record and is available to the Justices.
On the same page, list all cases in other courts that are directly related to the case in this Court. A case is dirrctly related if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court,
whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for the list:
V. Page Limitation
The petition for a writ of certiorari may not exceed 40 pages excluding the pages that precede Page 1 of the form. The documents required to be contained in the appendix to the petition do not count toward the page limit. See Rule 33.2(b).
VI. Redaction of Personal Information
Pursuant to Rule 34.6, certain types of personal information should not be included in filings. For example, social security numbers and taxpayer identification numbers should be redacted so that only the last four digits of the number are included, and the names of minor children should be redacted so that only initials are included. In gen- eral, Rule 34.6 adopts the redaction practices that are applicable to cases in the lower federal courts. See, e.g., Federal Rule of Civil Procedure 5.2.
VII. Method of Filing
All documents to be filed in this Court must be addressed to the Clerk, Supreme Court of the United States, Washington, D. C. 20543 and must be served on opposing parties or their counsel in accordance with Rule 29.
INSTRUCTIONS FOR COMPLETING FORMS
I.Motion for Leave to Proceed In Forma Pauperis - Rule 39
A.On the form provided for the motion for leave to proceed in forma pauperis, leave the case number blank. The number will be assigned by the Clerk when the case is docketed.
B.On the line in the case caption for “petitioner”, type your name. As a pro se petitioner, you may represent only yourself. On the line for “respondent”, type the name of the opposing party in the lower court. If there are multiple respondents, enter the first respondent, as the name appeared on the lower court decision, followed by “et al.” to indicate that there are other respondents. The additional parties must be listed in the LIST OF PARTIES section of the petition.
C.If the lower courts in your case granted you leave to proceed in forma pau- peris, check the appropriate space and indicate the court or courts that allowed you to proceed in forma pauperis. If none of the lower courts granted you leave to proceed in forma pauperis, check the block that so indicates.
D.Sign the motion on the signature line.
II.Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis
On the form provided, answer fully each of the questions. If the answer to a question is “0,” “none,” or “not applicable (N/A),” enter that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper, identified with your name and the question number. Unless each question is fully answered, the Clerk will not accept the petition. The form must either be notarized or be in the form of a declaration. See 28 U. S. C. § 1746.
III. Cover Page - Rule 34
When you complete the form for the cover page:
A.Leave case number blank. The number will be assigned by the Clerk when the case is docketed.
B.Complete the case caption as you did on the motion for leave to proceed in forma pauperis.
C.List the court from which the action is brought on the line following the words “on petition for a writ of certiorari to.” If your case is from a state court, enter the name of the court that last addressed the merits of the case. For example, if the highest state court denied discretionary review, and the state court of appeals affirmed the decision of the trial court, the state court of appeals should be listed. If your case is federal, the United States court of appeals that decided your case will always be listed here.
D.Enter your name, address, and telephone number in the appropriate spaces.
IV. Question(s) Presented
On the page provided, enter the question or questions that you wish the Court to review. The questions must be concise. Questions presented in cases accepted for review are usually no longer than two or three sentences. The purpose of the question presented is to assist the Court in selecting cases. State the issue you wish the Court to decide clearly and without unnecessary detail.
V. List of Parties and Related Cases
On the page provided, check either the box indicating that the names of all parties appear in the caption of the case on the cover page or the box indicating that there are additional parties. If there are additional parties, list them. Rule 12.6 states that all parties to the proceeding whose judgment is sought to be reviewed shall be deemed parties in this Court, and that all parties other than petitioner shall be respondents. The court whose judgment you seek to have this Court review is not a party.
On the same page, list all cases in other courts that are directly related to the case in this Court. A case is “directly related” if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court, whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for this list:
·Smith v. Jones, No. 18-cv-200, U. S. District Court for the Western District of Pennsylvania. Judgment entered Oct. 1, 2018.
·Smith v. Jones, No. 18-1200, U. S. Court of Appeals for the Third Circuit. Judg- ment entered Apr. 15, 2019.
VI. Table of Contents
On the page provided, list the page numbers on which the required portions of the petition appear. Number the pages consecutively, beginning with the “Opinions Below” page as page 1.
VII. Index of Appendices
List the description of each document that is included in the appendix beside the appro- priate appendix letter. Mark the bottom of the first page of each appendix with the appropriate designation, e.g., “Appendix A.” See Rule 14.1 pertaining to the items to be included in the appendix.
A. Federal Courts
If you are asking the Court to review a decision of a federal court, the decision of the United States court of appeals should be designated Appendix A. Appendix A should be followed by the decision of the United States District Court and the findings and recommendations of the United States magistrate judge, if there were any. If the United States court of appeals denied a timely filed petition for rehearing, a copy of that order should be appended next. If you are seeking review of a decision in a habeas corpus case, and the decision of either the United States District Court or the United States Court of Appeals makes reference to a state court decision in which you were a party, a copy of the state court decision must be included in the appendix.
B. State Courts
If you are asking the Court to review a decision of a state court, the decision of which review is sought should be designated Appendix A. Appendix A should be followed by the decision of the lower court or agency that was reviewed in the decision designated Appendix A. If the highest court of the state in which a decision could be had denied discretionary review, a copy of that order should follow. If an order denying a timely filed petition for rehearing starts the run- ning of the time for filing a petition for a writ of certiorari pursuant to Rule 13.3, a copy of the order should be appended next.
As an example, if the state trial court ruled against you, the intermediate court of appeals affirmed the decision of the trial court, the state supreme court denied discretionary review and then denied a timely petition for rehearing, the appen- dices should appear in the following order:
Appendix A Decision of State Court of Appeals
Appendix B Decision of State Trial Court
Appendix C Decision of State Supreme Court Denying Review
Appendix D Order of State Supreme Court Denying Rehearing
VIII. Table of Authorities
On the page provided, list the cases, statutes, treatises, and articles that you reference in your petition, and the page number of your petition where each authority appears.
IX. Opinions Below
In the space provided, indicate whether the opinions of the lower courts in your case have been published, and if so, the citation for the opinion below. For example, opin- ions of the United States courts of appeals are published in the Federal Reporter. If the opinion in your case appears at page 100 of volume 30 of the Federal Reporter, Third Series, indicate that the opinion is reported at 30 F. 3d 100. If the opinion has been designated for publication but has not yet been published, check the appropriate space. Also indicate where in the appendix each decision, reported or unreported, appears.
X. Jurisdiction
The purpose of the jurisdiction section of the petition is to establish the statutory source for the Court’s jurisdiction and the dates that determine whether the petition is timely filed. The form sets out the pertinent statutes for federal and state cases. You need provide only the dates of the lower court decisions that establish the timeli- ness of the petition for a writ of certiorari. If an extension of time within which to file the petition for a writ of certiorari was granted, you must provide the requested information pertaining to the extension. If you seek to have the Court review a deci- sion of a state court, you must provide the date the highest state court decided your case, either by ruling on the merits or denying discretionary review.
XI. Constitutional and Statutory Provisions Involved
Set out verbatim the constitutional provisions, treaties, statutes, ordinances and regu- lations involved in the case. If the provisions involved are lengthy, provide their cita- tion and indicate where in the Appendix to the petition the text of the provisions appears.
XII. Statement of the Case
Provide a concise statement of the case containing the facts material to the consider- ation of the question(s) presented; you should summarize the relevant facts of the case and the proceedings that took place in the lower courts. You may need to attach additional pages, but the statement should be concise and limited to the relevant facts of the case.
XIII. Reasons for Granting the Petition
The purpose of this section of the petition is to explain to the Court why it should grant certiorari. It is important to read Rule 10 and address what compelling reasons exist for the exercise of the Court’s discretionary jurisdiction. Try to show not only why the decision of the lower court may be erroneous, but the national importance of having the Supreme Court decide the question involved. It is important to show whether the decision of the court that decided your case is in conflict with the decisions of another appellate court; the importance of the case not only to you but to others similarly situated; and the ways the decision of the lower court in your case was errone- ous. You will need to attach additional pages, but the reasons should be as concise as possible, consistent with the purpose of this section of the petition.
XIV. Conclusion
Enter your name and the date that you submit the petition.
XV. Proof of Service
You must serve a copy of your petition on counsel for respondent(s) as required by Rule 29. If you serve the petition by first-class mail or by third-party commercial carrier, you may use the enclosed proof of service form. If the United States or any department, office, agency, officer, or employee thereof is a party, you must serve the Solicitor General of the United States, Room 5614, Department of Justice, 950 Pennsyl- vania Ave., N.W., Washington, D. C. 20530–0001. The lower courts that ruled on your case are not parties and need not be served with a copy of the petition. The proof of service may be in the form of a declaration pursuant to 28 U. S. C. § 1746.
No.
IN THE
— PETITIONER
(Your Name)
VS.
— RESPONDENT(S)
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis.
Please check the appropriate boxes:
Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s):
Petitioner has not previously been granted leave to proceed in forma pauperis in any other court.
Petitioner’s affidavit or declaration in support of this motion is attached hereto.
Petitioner’s affidavit or declaration is not attached because the court below appointed counsel in the current proceeding, and:
The appointment was made under the following provision of law:
,or
a copy of the order of appointment is appended.
(Signature)
AFFIDAVIT OR DECLARATION
IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I,, am the petitioner in the above-entitled case. In support of
my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress.
1.For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.
Income source
Average monthly amount during
Amount expected
the past 12 months
next month
You
Spouse
Employment
$
Self-employment
Income from real property
(such as rental income)
Interest and dividends
Gifts
Alimony
Child Support
Retirement (such as social
security, pensions,
annuities, insurance)
Disability (such as social
security, insurance payments)
Unemployment payments
Public-assistance
(such as welfare)
Other (specify):
Total monthly income: $
2.List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.)
Employer
Address
Dates of
Gross monthly pay
3.List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)
4.How much cash do you and your spouse have? $
Below, state any money you or your spouse have in bank accounts or in any other financial institution.
Type of account (e.g., checking or savings) Amount you have
Amount your spouse has
5.List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.
Home
Other real estate
Value
Motor Vehicle #1
Motor Vehicle #2
Year, make & model
Other assets
Description
Filling out the Writ of Certiorari form requires attention to detail and adherence to the Supreme Court's rules. This process is a critical step in seeking review from the highest court in the United States. To ensure accuracy and completeness, follow these instructions closely. Here are the steps you'll need to take:
Remember, the petition for a writ of certiorari may not exceed 40 pages, excluding certain preliminary pages. Redact personal information in compliance with Rule 34.6 to protect privacy. Once completed, ensure all documents are addressed and sent to the Clerk of the Supreme Court of the United States, and that opposing parties or their counsel are served in accordance with Rule 29.
A writ of certiorari is a document that a losing party files with the Supreme Court asking it to review the decision of a lower court. It's important to understand that obtaining a writ is not a right but is instead granted at the discretion of the Court. The Supreme Court typically uses this process to resolve critical legal questions and to address cases that have nationwide implications.
Any party that has received an unfavorable decision in a lower appellate court, either federal or state, may file a petition for a writ of certiorari. However, specific guidelines must be followed, especially if the petitioner cannot afford to pay for the court fees and is proceeding without legal representation.
The petition must be filed within 90 days from the date of the judgment in the United States court of appeals or the highest state appellate court, or within 90 days from the denial of a rehearing. The timing is strict and calculated from the day the judgment is entered; extensions are not typically granted based on the issuance of mandates or remittiturs post-judgment.
For individuals not incarcerated and without legal representation except as inmates, the following must be submitted:
Inmates confined in institutions and proceeding without counsel need only submit the original documents.
Yes, the petition cannot exceed 40 pages, excluding the pages that precede Page 1 of the form. Materials included in the appendix are not counted towards this page limit.
Personal information such as Social Security numbers, taxpayer identification numbers, and minor children's names must be redacted. Generally, only the last four digits of numbers and initials of children's names should be included, in alignment with practices in lower federal courts.
All documents must be directly addressed and sent to the Clerk of the Supreme Court of the United States, Washington, D.C. 20543. They must also be served on opposing parties or their counsel, following Rule 29 for proper service.
The Supreme Court is primarily interested in cases that present legal questions of broad national interest or when there is a conflict between different appellate courts on the same issue. It aims to resolve discrepancies in the interpretation of law rather than to correct errors in lower court decisions.
If the Supreme Court denies a petition, it does not comment on the merits of the case. Such a denial simply means that the Court has chosen not to review the case. Denial of a certiorari petition does not imply agreement or disagreement with the decision of the lower court.
Here are eight common mistakes people often make when filling out the Writ of Certiorari form:
Providing incorrect personal information, such as misspelling their own name or providing an outdated address, can delay or negatively impact the review process.
Failing to fully redact personal sensitive information in compliance with Rule 34.6, putting their privacy at risk. For example, including full social security numbers instead of just the last four digits.
Omitting essential documents or failing to include sufficient copies as required by the guidelines. For example, neglecting to attach ten copies of the motion for leave to proceed in forma pauperis when not represented by counsel and not incarcerated.
Incorrectly listing the opposing party or parties due to misunderstanding the instructions about using “et al.” when there are multiple respondents.
Missing the deadline for filing the petition, as stipulated under the rules for computing and extending time (Rules 13.1 and 13.3), leading to an automatic rejection of the petition.
Exceeding the page limitations set for the petition and not properly organizing the appendix, ignoring the specifics outlined in Rule 33.2(b) for exclusions in the page count.
Not correctly identifying or listing related cases, thereby failing to provide the Court with context that could be vital for the understanding and review of the petition.
Improper method of filing, such as neglecting to ensure that all documents are served on opposing parties or their counsel in accordance with Rule 29, or incorrectly addressing the documents to the Clerk of the Supreme Court.
Each of these mistakes can significantly impact the review process of a Writ of Certiorari, potentially leading to delays, the need for resubmission, or even outright denial of a petition without review of its merits.
When pursuing legal recourse that necessitates a Writ of Certiorari, it's essential to be prepared with all the pertinent documentation to ensure a comprehensive and cogent petition to the Supreme Court. The Writ of Certiorari is a fundamental document for those seeking a higher court's review of a lower court's decision. However, it's often not the only document required in the process.
Gathering and diligently preparing these documents is a critical step in the petition process. It's not merely about meeting formal requirements; these forms collectively articulate the petitioner's legal stance, emphasize the significance of the case, and strive to persuade the Supreme Court to hear their appeal. By understanding and assembling these documents, petitioners can position themselves more favorably in their quest for justice at the highest level of the judicial system.
Notice of Appeal: Similar to a Writ of Certiorari, a Notice of Appeal is a document filed by a party who wishes to challenge the decision of a lower court. While a Writ of Certiorari is specific to seeking review from the Supreme Court, a Notice of Appeal is typically used to initiate an appeal to an intermediate appellate court or the Supreme Court. Both documents mark the beginning of the review process by a higher court and are critically time-bound.
Petition for Review: This document, often used in state appellate courts, resembles the Writ of Certiorari in its goal to have a higher court review a lower court's decision. Though the terminology and specific procedural requirements may differ, both seek a higher authority's judgment on a case deemed significant or contested.
Application for Leave to Appeal: Used in jurisdictions or specific cases where appealing is not an automatic right, this document, like a Writ of Certiorari, asks a higher court for permission to review a lower court’s decision. The issuance of either depends on the appellate court's discretion, focusing on cases of significant legal principle or public concern.
Motion for Reconsideration: Although primarily filed in the same court to request a review of its decision, it shares the Writ of Certiorari's objective of re-evaluation and correction of a potentially flawed judgment. Both documents emphasize convincing the court of the necessity for a revised look at the case based on legal or factual grounds.
Amicus Curiae Brief: While not directly seeking to overturn a lower court's decision like a Writ of Certiorari, an Amicus Curiae Brief is filed by non-parties to provide additional information or perspectives to influence the court's decision. Both are instrumental in Supreme Court proceedings, offering broader legal insights into the case at hand.
Petition for Writ of Habeas Corpus: Aimed at addressing the legality of a party's detention, this document, though distinct in purpose, shares the procedural nature of a Writ of Certiorari by appealing to a higher court’s authority to rectify what's perceived as an unjust situation.
Interlocutory Appeal: This type of appeal, like a Writ of Certiorari, involves the appellate court's discretion in reviewing decisions made by a lower court before the final verdict. Both mechanisms allow for higher court intervention during the earlier stages of litigation based on substantial questions of law.
Motion for Summary Judgment: Although it is a trial court motion requesting a ruling in a case without a full trial, based on the argument there are no material facts in dispute, it can lead to appellate review if denied, similarly necessitating a review process akin to the certification process.
Post-Conviction Relief Petition: This legal document seeks to review and rectify potential injustices after a conviction, aligning with the Writ of Certiorari’s purpose in case reviews, though it primarily focuses on violations of constitutional rights in the context of criminal law.
Motion to Vacate, Set Aside, or Correct a Sentence: Filed under rules such as Rule 29.2, similar in nature to a Writ of Certiorari, this motion requests a review of a sentence’s lawfulness, asking a higher court to reassess and potentially correct a lower court’s decision in the sentencing phase of a criminal trial.
When filling out a Writ of Certiorari form, it's important to follow specific guidelines to ensure your petition is considered correctly and efficiently. Below are eight do's and don'ts to guide you through this process:
Following these guidelines will help streamline the process and increase the chance that your petition for a writ of certiorari will be properly considered.
When it comes to navigating the complexities of the Supreme Court, the Writ of Certiorari form plays a crucial role. Yet, several misconceptions surround it, misleading many about its nature and the process involved. Let's debunk some of these myths for a clearer understanding.
Understanding these misconceptions about the Writ of Certiorari can demystify the process and set realistic expectations for those seeking the Supreme Court's review. It's a reminder of the Court's pivotal role in addressing only those matters of utmost significance to the legal fabric of the nation.
When filling out and using the Writ of Certiorari form, petitioners should take note of the following key takeaways:
These key points offer a roadmap for individuals seeking to navigate the complexities of the Supreme Court's certiorari process, highlighting the procedural norms and the discretionary nature of the Court's review.
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