AOH :: SUPRULE3.TXT|
Supreme Court Rules of Proceedure #3
The final part of U.S. Supreme Court rules follows. */
Rule 30. Computation and Enlargement of Time
.1. In computing any period of time prescribed or allowed by
these Rules, by order of the Court, or by an applicable statute,
the day of the act, event, or default from which the designated
period of time begins to run shall not be included. The last day
of the period shall be included, unless it is a Saturday, a
Sunday, a federal legal holiday, or a day on which the Court
building has been closed by order of the Court or the Chief
Justice, in which event the period extends until the end of the
next day which is not a Saturday, a Sunday, a federal legal
holiday, or a day on which the Court building has been closed.
See 5 USC Section 6103 for a list of federal legal holidays.
.2. Whenever a Justice of this Court or the Clerk is empowered
by law or these Rules to extend the time for filing any document
or paper, an application seeking an extension must be presented
to the Clerk within the period sought to be extended. However,
an application for an extension of time to file a petition for a
writ of certiorari or to docket an appeal must be submitted at
least 10 days before the final filing date, the application will
not be granted except in the most extraordinary circumstances.
.3. An application to extend the time within which a party may
file a petition for a writ of certiorari or docket an appeal
shall be presented in the form prescribed by Rules 13.6 and 18.3
respectively. An application to extend the time within which to
file any other document or paper may be presented in the form of
a letter to the Clerk setting forth with specificity the reasons
why the granting of an extension of time is justified. Any
application seeking an extension of time must be presented and
served upon all other parties as provided in Rule 22, and, once
denied, may not be renewed.
.4. An application to extend the time for filing a brief,
motion, joint appendix, or other paper, for designating parts of
a record to be printed in the appendix, or for complying with any
other time limit provided by these Rules (except an application
for an extension of time to file a petition for a writ of
certiorari, to docket an appeal, to file a reply brief on the
merits, to file a petition for rehearing, or to issue a mandate
forthwith) shall in the first instance be acted upon by the
Clerk, whether addressed to the Clerk, to the Court, or to a
Justice. Any party aggrieved by the Clerk's action on an
application to extend time may request that it be submitted to a
Justice or to the Court. The Clerk shall report action under
this Rule of the Court in accordance with instruction that may be
issued by the Court.
Rule 31. Translations
Whenever any record to be transmitted to this Court contains any
material written in a foreign language without a translation made
under the authority of the lower court, or admitted to be
correct, the clerk of the court transmitting the record shall
immediately advise the Clerk of this Court to the end that this
Court may order that a translation be supplied and, if necessary,
printed as a part of the joint appendix.
Rule 32. Printing Requirements
.1. (a) Except for papers permitted by Rules 21, 22, and 39 to
be submitted in typewritten form (see Rule 34), every
document filed with the Court must be printed by a standard
typographic printing process or be typed and reproduced by
offset printing, photocopying, computer printing, or similar
process. The process used must product a clear, black image
on white paper. In an original action under Rule 17, 60
copies of every document printed under this Rule must be
filed; in all other cases, 40 copies must be filed.
(b) The text of every document, including any appendix
thereto, produced by standard typographic printing must
appear in print as 11-point or larger type with 2-point or
more leading between lines. The print size and typeface of
the United States Reports from Volume 453 to date are
acceptable. Similar print size and typeface should be
standard throughout. No attempt should be made to reduce or
condense the typeface in a manner that would increase the
content of a document. Footnotes must appear in print as
9-point or larger type with 2-point or more leading between
lines. A document must be printed on both sides of the
(c) The text of every document, including any appendix
thereto, printed or duplicated by any process other than
standard typographic printing shall be done in pica type at
no more than 10 characters per inch. The lines must be
double spaced. The right-hand margin need not be justified,
but there must be a margin of at least three-forths of an
inch. In footnotes, elite type at no more than 12
characters per inch may be used. The document should be
printed on both sides of the page, if practicable. It shall
not be reduced in duplication. A document which is
photographically reduced so that the print size is smaller
than pica type will not be received by the Clerk.
(d) Whether printed under subparagraph (b) or (c) of this
paragraph, every document must be produced on opaque,
unglazed paper 6 1/8 by 9 1/4 inches in size, with type
matter approximately 4 1/8 by 7 1/8 inches and margins of at
lease three-forths of an inch on all sides. The document
must be firmly bound in at least two places along the left
margin (saddle stitch or perfect binding preferred) so as to
make an easily opened volume, and not part of the text shall
be obscured by the binding. Spiral and other plastic
bindings may not be used. Appendices in patent cases may be
duplicated is such size as is necessary to utilize copies of
.2. Every document must bear on the cover, in the following
order, from the top of the page: (1) the number of the case or,
if there is none, a space for one; (2) the name of this Court;
(3) the Term; (4) the caption of the case as appropriate in this
Court; (5) the nature of the proceeding and the name of the court
from which the action is brought (e.g., "Petition for Writ of
Certiorari to the United States Court of Appeals for the Fifth
Circuit"; or, for a merits brief. "On Writ of Certiorari to the
United States Court of Appeals for the Fifth Circuit"); (6) the
title of the paper (e.g. "Petition for Writ of Certiorari,"
"Brief for Respondent," "Joint Appendix"); (7) the name of the
member of the Bar of this Court who is counsel of record for the
party concerned, and upon whom service is to be made, with a
notation directly thereunder that the attorney is the counsel of
record together with counsel's office address and telephone
number. (There can be only one counsel of record noted on a
single document.) The individual names of other members of the
Bar of this Court, or of the Bar of the highest court of a State,
and, if desired, their post office addresses, may be added, but
counsel of record must be clearly identified. Names of persons
other than attorneys admitted to a state Bar may not be listed.
The foregoing must be displayed in an appropriate typographic
manner and, except for the identification of counsel, may not be
set in type smaller than 11-point or uppercase pica.
.3. Every document produced under this Rule shall comply with
the page limits shown below and shall have a suitable cover
consisting of heavy paper in the color indicated. Counsel must
be certain that there is adequate contrast between the printing
and the color of the cover.
Type of Document Page Limits
Typo- Typed and Color of
graphic Double the
Printing Spaced Cover
a. Petition for a Writ of
Certiorari (Rule 14.4);
ment (Rule 18.3); or
Petition for an Extra-
ordinary Writ (Rule 20.2) 30 65 White
b. Brief in Opposition (Rule
15.3); Motion to Dismiss or
Affirm (Rule 18.6); Brief in
Opposition to Mandamus or
Response to a Petition for Ha-
beas Corpus (Rule 20.4) 30 65 Orange
c. Reply to brief in Opposition
(Rule 15.6); or Brief
Opposing a Motion to Dismiss
or Affirm (Rule 18.8) 10 20 Tan
d. Supplemental Brief
(Rules 15.7 and 18.9) 10 20 Tan
e. Brief on the Merits by
Petitioner or Appellant
(Rule 24.3) 50 110 Light Blue
f. Brief on the Merits by
Respondent or Appellee
(Rule 24.3) 50 110 Light Red
g. Reply Brief on the Merits
(Rule 24.4) 20 45 Yellow
h. Brief of an Amicus Curiae at
the Petition State
(Rule 37.2) 20 45 Cream
i. Brief of an Amicus Curiae
on the Merits in Support
of the Petitioner or
Appellant or in Support
of Neither Party
(Rule 37.3) 30 65 Pastel or
j. Brief of an Amicus Curiae
on the Merits in Support
of the Respondent or
Appellee (Rule 37.3) 30 65 Green
k. Petition for Rehearing
(Rule 44) 10 20 Tan
The above page limitations are exclusive of the questions
presented page, the subject index, the table of authorities, and
the appendix. Verbatim quotations required by Rule 14.1(f), if
set forth in the text of the brief rather than the appendix, are
also excluded. A motion for leave to file a brief amicus curiae
filed pursuant to Rule 37 must be printed with the brief.
A document filed by the United States, by any department, office,
or agency of the United States, or by any officer or employee of
the United States represented by the Solicitor General shall have
a gray cover.
A joint appendix and any other document shall have a tan cover.
In a case filed under the original jurisdiction of the Court, the
initial pleading and motion for leave to file and any
accompanying brief shall have white covers. A brief in
opposition to the motion for leave to file shall have an orange
cover; exception to the report of a special master shall have a
light blue cover, if filed by the plaintiff, and a light red
cover, if filed by any other party; and a reply brief to any
exceptions shall have a yellow cover.
.4. The Court or a Justice, for good cause shown, may grant
leave to file a document in excess of the page limits, but these
applications are not favored. An application to exceed page
limits shall comply in all respects with Rule 22 and must be
submitted at least 15 days before the filing date of the document
in question, except in the most extraordinary circumstances.
/* In virtually every case the court will deny such a motion. */
.5. Every document which exceeds five pages (other than a single
joint appendix) shall, regardless of the method of duplication,
contain a table of contents and a table of authorities (i.e.
cases alphabetically arranged, constitutional provisions,
statutes, textbooks, etc.) with correct references to the pages
in the document where they are cited.
.6. The body of every document at its close shall bear the name
of counsel of record and such other counsel, identified on the
cover of the document is conformity with paragraph .2(7) of this
Rule, as may be desired. One copy of every motion or application
(other than a motion to dismiss or affirm under Rule 18) must in
addition be signed by counsel of record at the end thereof.
.7. The Clerk shall not accept for filing any document presented
in a form not in compliance with this Rule, but shall return it
indicating to the defaulting party any failure to comply. The
filing, however, shall not thereby be deemed untimely provided
that new and proper copies are promptly substituted. If the
Court finds that the provisions of this Rule have not been
adhered to, it may impose, in its discretion, appropriate
sanctions including but not limited to dismissal of the action,
imposition of costs, or disciplinary sanction upon counsel.
Rule 34. Form of Typewritten Papers
.1. Any paper specifically permitted by these Rules to be
presented to the Court without being printed shall, subject to
Rule 39.3, be typewritten on opaque, unglazed paper 8 1/2 by 11
inches in size and shall be stapled or bound at the upper
left hand corner. The typed matter, except quotations, must be
double spaced. Copies, if required, must be produced on the same
type of paper. All copies presented to the Court must be
.2. The original of any motion or application (except a motion
to dismiss or affirm under Rule 18.6) must be signed in
manuscript by the party proceeding pro se or by counsel of record
who must be a member of the Bar of this Court.
Rule 35. Death, Substitution, and Revivor; Public Officers
.1. In the event a party dies after filing a notice of appeal of
this Court, or after filing a petition for a writ of certiorari,
the authorized representative of the deceased party may appear
and, upon motion, be substituted as a party to the proceeding.
If the representative does not voluntarily become a party, any
other party may suggest the death on the record and on motion
seek an order requiring the representative to become a party
within a designated time. If the representative then fails to
become a party, the party so moving, if a respondent or appellee,
shall be entitled to have the petition for a writ of certiorari
or the appeal dismissed or the judgment vacated for mootness, as
may be appropriate. A party so moving who is a petitioner or
appellant shall be entitled to proceed as in any other case of
nonappearance by a respondent or appellee. The substitution of a
representative of the deceased, or the suggestion of death by a
party, must be made within six months after the death of the
party, or the case shall abate.
.2. Whenever a case cannot be revived in the court whose
judgment is sought to be reviewed because the deceased party has
no authorized representative within the jurisdiction of that
court, but does have an authorized representative elsewhere,
proceedings shall be conducted as this Court may direct.
.3. When a public officer, who is a party to a proceeding in
this Court in an official capacity, dies, resigns, or otherwise
ceases to hold office, the action does not abate and any
successor in office is automatically substituted as a party.
Proceedings following the substitution shall be in the name of
the substituted party, but any misnomer not affecting the
substantial rights of the parties shall be disregarded.
.4. A public officer who is a party to a proceeding in this
Court in an official capacity may be described as a party by the
officer's official title rather than by name, but the Court may
require the name to be added.
Rule 36. Custody of Prisoners in Habeas Corpus Proceedings
.1. Pending review in this Court of a decision in a habeas
corpus proceeding commenced before a court, Justice, or judge of
the United States, the person having custody of the prisoner
shall not transfer custody to another person unless the transfer
is authorized in accordance with the provisions of this Rule.
.2. Upon application by a custodian showing a need therefor, the
court, Justice, or judge rendering the decision under review may
authorize transfer and the substitution of a successor custodian
as a party.
.3. (a) Pending review of a decision failing or refusing to
release a prisoner, the prisoner may be detained in the
custody from which release is sought or in other appropriate
custody or may be enlarged upon personal recognizance or
bail, as may appear fitting to the court, Justice or judge
rendering the decision, or to the court of appeals or to
this Court or to a judge or Justice of either court.
(b) Pending review of a decision ordering release, the
prisoner shall be enlarged upon personal recognizance or
bail, unless the court, Justice, or judge rendering the
decision, or the court of appeals, or this Court, or a judge
or Justice of either court, shall otherwise order.
/* One of the few times that the lower Courts have jurisdiction
to act on the case. */
.4. An initial order respecting the custody or enlargement of
the prisoner, and any recognizance or surety taken, shall
continue in effect pending review in the court of appeals and in
this Court unless for reasons shown to the court of appeals or to
this Court, or to a judge or Justice of either court, the order
is modified or an independent order respecting custody,
enlargement, or surety is entered.
Rule 37. Brief of an Amicus Curiae
.1. An amicus curiae brief which brings relevant matter to the
attention of the Court that has not already been brought to its
attention by the parties is of considerable help to the Court.
An amicus brief which does not serve this purpose simply burdens
the staff and facilities of the Court and its filing is not
.2. A brief of an amicus curiae submitted prior to the
consideration of a petition for a writ of certiorari or a
jurisdictional statement, accompanied by the written consent of
all parties, may be filed only if submitted within the time
allowed for filing a brief in opposition to the petition for a
writ of certiorari or for filing a motion to dismiss or affirm.
A motion for leave to file a brief amicus curiae when consent has
been refused is not favored. Any such motion must be filed
within the time allowed for filing of the brief amicus curiae,
must indicate the party or parties who have refused consent, and
must be printed with the proposed brief. The cover of the brief
must identify the party supported.
.3. A brief of an amicus curiae in a case before the Court for
oral argument may be filed when accompanied by the written
consent of all parties and presented within the time allowed for
the filing of the brief of the party supported, or, if in support
of neither party, with the time allowed for filing the
petitioner's or appellant's brief. A brief amicus curiae must
identify the party supported or indicate whether it suggest
affirmance or reversal, and must be as concise as possible. No
reply brief of an amicus curiae and no brief of an amicus curiae
in support of a petition for rehearing will be received.
.4. When consent to the filing of a brief of an amicus curiae in
a case before the Court for oral argument is refused by a party
to the case, a motion for leave to file indicating the party or
parties who have refused consent, accompanied by the proposed
brief and printed with in, may be presented to the Court. A
motion shall concisely state the nature of the applicant's
interest and set forth facts or questions of law that have not
been, or reasons for believing that they will not be, presented
by the parties and their relevancy to the disposition of the
case. The motion may in no event exceed five pages. A party
served with the motion may file an objection thereto concisely
stating the reasons for withholding consent which must be printed
in accordance with Rule 33. The cover of an amicus brief must
identify the party supported or indicate whether it support
affirmance or reversal.
.5. Consent to the filing of a brief of an amicus curiae is not
necessary when the brief is presented on behalf of the United
States by the Solicitor General; on behalf of any agency of the
United States authorized by law to appear on its own behalf when
submitted by the agency's authorized legal representative; on
behalf of a State, Territory, or Commonwealth when submitted by
its Attorney General; or on behalf of a political subdivision of
a State, Territory, or Commonwealth when submitted by its
authorized law officer.
.6. Every brief or motion filed under this Rule must comply with
the applicable provisions of Rules 21, 24, and 33 (except that it
shall be sufficient to set forth in the brief the interest of the
amicus curiae, the argument, the summary of the argument, and the
conclusion); and shall be accompanied by proof of service as
required by Rule 29.
Rule 38. Fees
In pursuance of 28 USC Section 1911, the fees to be charged by
the Clerk are fixed as follows:
(a) For docketing a case on a petition for a writ of
certiorari or on appeal or docketing any other proceeding,
except a certified question or a motion to docket and
dismiss an appeal pursuant to Rule 18.5, $300.00.
(b) For filing a petition for rehearing or a motion for
leave to file a petition for rehearing, $200.00.
(c) For the reproduction and certification of any record or
paper, $1.00 per page; and for comparing with the original
thereof any photographic reproduction of any record or
paper, when furnished by the person requesting its
certification, $.50 per page.
(d) For a certificate under seal, $25.00.
(e) For a check paid to the Court, Clerk, or Marshal which
is returned for lack of funds, $35.00.
Rule 39. Proceedings in Forma Pauperis
.1. A party desiring to proceed in forma pauperis shall file
with the pleading a motion for leave to proceed in forma
pauperis, together with the party's notarized affidavit or
declaration (in compliance with 28 USC Section 1746) in the form
prescribed by the Federal Rules of Appellate Procedure, Form 4.
See 28 USC Section 1915. If the United States district court or
the United States court of appeals has appointed counsel under
the Criminal Justice Act of 1964, as amended, the party need not
file an affidavit or declaration in compliance with 28 USC
Section 1746, but the motion must indicate that counsel was
appointed under the Criminal Justice Act. See 18 USC Section
3006A(d)(6). The motion shall also state whether or not leave to
proceed in forma pauperis was sought in any other court and, if
so, whether leave was granted.
.2. The motion, and affidavit or declaration if required, must
be filed with the petition for a writ of certiorari,
jurisdictional statement, or petition for an extraordinary writ,
as the case may be, and shall comply in every respect with Rule
21, except that it shall be sufficient to file a single copy. If
not received together, the documents will be returned by the
.3. Every paper or document presented under this Rule must be
clearly legible and, whenever possible, must comply with Rule 34.
While making due allowance for any case presented under this Rule
by a person appearing pro se, the Clerk will refuse to receive
any document sought to be filed that does not comply with the
substance of these Rules, or when it appears that the document is
obviously and jurisdictionally out of time.
.4. When the papers required by paragraphs .1 and .2 of this
Rule are presented to the Clerk, accompanied by proof of service
as prescribed by Rule 29, they are to be placed on the docket
without the payment of a docket fee or any other fee.
.5. The respondent or appellee in a case filed in forma pauperis
may respond in the same manner and within the same time as in any
other case of the same nature, except that the filing of 12
copies of a typewritten response, with proof of service as
required by Rule 29, will suffice whenever the petitioner or
appellant has filed typewritten papers. The respondent or
appellee may challenge the grounds for the motion to proceed in
forma pauperis in a separate document or in the response itself.
.6. Whenever the Court appoints a member of the Bar to serve as
counsel for an indigent party in a case set for oral argument,
the briefs prepared by that counsel, unless otherwise requested,
will be printed under the supervision of the Clerk. The Clerk
will also reimburse appointed counsel for any necessary travel
expenses to Washington, D. C., and return in connection with the
.7. In a case in which certiorari has been granted or
jurisdiction has been noted or postponed, this Court may appoint
counsel to represent a party financially unable to afford an
attorney to the extent authorized by the Criminal Justice Act of
1964, as amended, 18 USC Section 3006A.
.8. If satisfied that a petition for a writ of certiorari
jurisdictional statement, or petition for an extraordinary writ,
as the case may be, is frivolous or malicious, the court may deny
a motion to leave to proceed in forma pauperis.
(Amended July 1, 1991.)
Rule 40. Veteran, Seamen, and Military Cases
.1. A veteran suing to establish reemployment rights under 38
USC Section 2022, or under any other provision of law exempting a
veteran from the payment of fees or court costs, may file a
motion to proceed upon typewritten papers under Rule 34, except
that the motion shall ask leave to proceed as a veteran, and the
affidavit shall set forth the moving party's status as a veteran.
.2. A seaman suing pursuant to 28 USC Section 1916 may proceed
without the prepayment of fees or costs or furnishing security
therefor, but a seaman is not relieved of printing costs nor
entitled to proceed on typewritten papers.
.3. An accused person petitioning for a writ of certiorari to
review a decision of the United States Court of Military Appeals
pursuant to 28 USC Section 1259 may proceed without the
prepayment of fees or cost s or furnishing security therefor and
without filing an affidavit of indigency, but is not relieved of
the printing requirements under Rule 33 and is not entitled to
proceed on typewritten papers except as authorized by the Court
on separate motion.
PART VIII. DISPOSITION OF CASES
Rule 41. Opinions of the Court
Opinions of the Court will be released by the Clerk is
preliminary form immediately upon delivery. Thereafter the Clerk
shall cause the opinions of the Court to be issued in slip form
and shall deliver them to the Reporter of Decisions who shall
prepare them for publication in the preliminary prints and bound
volumes of the United States Reports.
Rule 42. Interest and Damages
.1. If a judgment for money in a civil case is affirmed,
whatever interest is allowed by law shall be payable from the
date the judgment below was entered. If a judgment is modified
or reversed with a direction that a judgment for money be entered
below, the mandate will contain instructions with respect to the
allowance of interest. Interest will be allowed at the same rate
that similar judgments bear interest in the courts of the State
in which judgment was entered or was directed to be entered.
.2. When a petition for a writ of certiorari, an appeal, or
application for other relief is frivolous, the Court may award
the respondent or appellee just damages and single or double
costs. Damages or costs may be awarded against the petitioner,
appellant, or applicant, or against the party's attorney or
Rule 43. Costs
.1. If a judgment or decree is affirmed by this Court, costs
shall be paid by the petitioner or appellant, unless otherwise
ordered by the Court.
.2. If a judgment or decree is reversed or vacated by this
Court, costs shall be allowed to the petitioner or appellant,
unless otherwise ordered by the Court.
.3. The fees of the Clerk and the costs of printing the joint
appendix are the only taxable items in this Court. The cost of
the transcript of the record from the court below is also a
taxable item, but shall be taxable in that court as costs in the
case. The expenses of printing briefs, motions, petitions, or
jurisdictional statements are not taxable.
.4. In a case involving a certified question, costs shall be
equally divided unless otherwise ordered by the Court; but if a
decision is rendered on the whole matter in controversy, see Rule
19.2, costs shall be allowed as provided in paragraph .1 and .2
of this Rule.
.5. In a civil action commenced on or after July 18, 1966, costs
under this Rule shall be allowed for or against the United
States, or an officer or agent thereof, unless expressly waived
or otherwise ordered by the Court. See 28 USC Section 2412.
.6. When costs are allowed in this Court, the Clerk shall insert
an itemization of the costs in the body of the mandate or
judgment sent to the court below. The prevailing side shall not
submit a bill of costs.
.7. If appropriate, the Court may adjudge double costs.
Rule 44. Rehearing
.1. A petition for the rehearing of any judgment or decision of
the Court on the merits shall be filed within 25 days after the
entry of the judgment or decision, unless the time is shortened
or enlarged by the Court or a Justice. Forty printed copies,
produced in conformity with Rule 33, must be filed (except when
the party is proceeding in forma pauperis under Rule 39),
accompanied by proof of service as prescribed by Rule 29 and the
filing fee required by Rule 38. The petition must briefly and
distinctly state its grounds. Counsel must certify that the
petition is presented in good faith and not for delay; one copy
of the certificate shall bear the manuscript signature of
counsel. A petition for rehearing is not subject to oral
argument, and will not be granted except at the instance of a
Justice who concurred in the judgment or decision and with the
concurrence of a majority of the Court.
.2. A petition for the rehearing of an order denying a petition
for a writ of certiorari shall be filed within 25 days after the
date of the order of denial and shall comply with all the form
and filing requirements of paragraph .1 of this Rule, including
the payment of the filing fee is required, but its grounds must
be limited to intervening circumstances of a substantial or
controlling effect or to other substantial grounds not previously
presented. Counsel must certify that the petition is restricted
to the grounds specified in this paragraph and that it is
presented in good faith and not for delay. One copy of the
certificate shall bear the manuscript signature of counsel or of
a party not represented by counsel. A petition without a
certificate shall be rejected by the Clerk. The petition is not
subject to oral argument.
.3. No response to a petition for rehearing will be received
unless requested by the Court, but no petition will be granted
without an opportunity to submit a response.
.4. Consecutive petitions and petitions that are out of time
under this Rule will not be received.
Rule 45. Process; Mandates
.1. All process of this Court shall be in the name of the
President of the United States.
.2. In a case coming from a state court, the mandate shall issue
25 days after the entry of judgment, unless the time is shortened
or enlarged by the Court or a Justice, or unless the parties
stipulate that it be issued sooner. The filing of a petition for
rehearing, unless otherwise ordered, will stay the mandate until
disposition of the petition. If the petition is then denied, the
mandate shall issue forthwith.
.3. In a case coming from a United States court, a formal
mandate will not issue unless specially directed; instead, the
Clerk will send the court a copy of the opinion or order of this
Court and a certified copy of the judgment (which shall include
provisions for the recovery of costs, if any are awarded). In
all other respects, the provisions of paragraph .2 of this Rule
Rule 46. Dismissing Cases
.1. Whenever all parties, at any stage of the proceedings, file
with the Clerk an agreement in writing that a case be dismissed,
specifying the terms with respect to the payment of costs, and
pay to the Clerk any fees that may be due, the Clerk, without
further reference to the Court, shall enter an order of
.2. (a) A petitioner or appellant is a case in this Court may
file a motion to dismiss the case, with proof of service as
prescribed by Rule 29, and must tender to the Clerk any fees
and costs payable. An adverse party may, within 15 days
after service thereof, file an objection, limited to the
quantum of damages and costs in this Court alleged to be
payable, or, in a proper case, to a showing that the moving
party does not represent all petitioner or appellants. The
Clerk will refuse to receive any objection not so limited.
(b) When the objection goes to the standing of the moving
party to represent the entire side, the party moving for
dismissal, within 10 days thereafter, may file a reply,
after which time the matter shall be submitted to the Court
for its determination.
(c) If no objection is filed, or if upon objection going
only to the quantum of damages and costs in this Court, the
party moving for dismissal, within 10 days thereafter,
tenders the whole of such additional damages and cost
demanded, the Clerk, without further reference to the Court,
shall enter an order of dismissal. If, after objection as
to the quantum of damages and costs in this Court, the
moving party does not respond with a tender within 10 days,
the Clerk shall report the matter to the Court for its
.3. No mandate or other process shall issue on a dismissal under
this Rule without an order of the Court.
PART IX. APPLICATION OF TERMS AND EFFECTIVE DATE
Rule 47. Term "State Court"
The term "state court" when used in these Rules includes the
District of Columbia Court of Appeals and the Supreme Court of
the Commonwealth of Puerto Rico. See 18 USC Section 1257 and
1258. References in these Rules to the common law and statutes
of a State include the common law and statutes of the District of
Columbia and of the Commonwealth of Puerto Rico.
Rule 48. Effective Date of Amendments
These Rules adopted December 5, 1989, shall be effective January
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