Print Version
Previous PageFile uploaded: 4/3/2012

Rule 50. Brief in opposition; reply brief; brief of amicus curiae.

(a) Brief in opposition. Within30 days after service of a petition the respondent shall file an opposingbrief, disclosing any matter or ground why the case should not be reviewed bythe Supreme Court. Such brief shall comply with Rules 27 and, as applicable,49. Seven copies of the brief in opposition, one of which shall contain anoriginal signature, shall be filed with the Clerk of the Supreme Court.

(b) Page limitation. A brief inopposition shall be as short as possible and may not, in any single case,exceed 20 pages, excluding the subject index, the table of authorities, anyverbatim quotations required by Rule 49(a)(7), and the appendix.

(c) Objections to jurisdiction.No motion by a respondent to dismiss a petition for a writ of certiorari willbe received. Objections to the jurisdiction of the Supreme Court to grant thewrit of certiorari may be included in the brief in opposition.

(d) Distribution of filings. Uponthe filing of a brief in opposition, the expiration of the time allowed therefor, or express waiver of the right to file, thepetition and the brief in opposition, if any, will be distributed by the clerkfor consideration. However, if a cross-petition for a writ of certiorari hasbeen filed, distribution of both it and the petition for a writ certiorari willbe delayed until the filing of a brief in opposition by the cross-respondent,the expiration of the time allowed therefor, orexpress waiver of the right to file.

(e) Reply brief. A reply briefaddressed to arguments first raised in the brief in opposition may be filed by anypetitioner, but distribution under paragraph (d) of this rule will not bedelayed pending the filing of any such brief. Such brief shall be as short aspossible, but may not exceed five pages. Such brief shall comply with Rule 27.The number of copies to be filed shall be as described in Rule 50(a).

(f) Brief of amicus curiae. Abrief of an amicus curiae concerning a petition for certiorari may be filedonly by leave of the Supreme Court granted on motion or at the request of theSupreme Court. The motion for leave shall be accompanied by a proposed amicusbrief, not to exceed 20 pages, excluding the subject index, the table ofauthorities, any verbatim quotations required by Rule 49(a)(7), and theappendix. The proposed amicus brief shall comply with Rule 27, and, asapplicable, Rule 49. The number of copies of the proposed amicus briefsubmitted to the Supreme Court shall be the same as dictated by Rule 48(f). Amotion for leave shall identify the interest of the applicant and shall statethe reasons why a brief of an amicus curiae is desirable. The motion for leaveshall be filed on or before the date of the filing of the timely petition orresponse of the party whose position the amicus curiae will support, unless theSupreme Court for cause shown otherwise orders. Parties to the proceeding inthe Court of Appeals may indicate their support for, or opposition to, themotion. Any response of a party to a motion for leave shall be filed withinseven days of service of the motion. If leave is granted, the proposed amicusbrief will be accepted as filed and, unless the order granting leave otherwiseindicates, amicus curiae also will be permitted to submit a brief on themerits, provided it is submitted in compliance with the briefing schedule ofthe party the amicus curiae supports. Denial of a motion for leave to filebrief of an amicus curiae concerning a petition for certiorari shall notpreclude a subsequent amicus motion relating to the merits after a grant ofcertiorari. All motions for leave to file brief of an amicus curiae on themerits after a grant of certiorari are governed by Rule 25.