Every petitioner for a writ of certiorari should 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 U.S. Supreme Court is to resolve disagreements among lower tribunals about specific legal questions. Another consideration is the importance to the public of the issue.
1. Time for Filing.
A petition for a writ of certiorari must be filed within 90 days from the date of the entry of the final judgment in the U.S Court of Appeals or highest state appellate court (for example, the Florida Supreme 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 U.S. Supreme Court Rules 13.1 and 13.3.Filing in the U.S. Supreme Court means the actual receipt of documents by the Clerk; or their deposit in the U.S. mail, with first-class postage prepaid, on or before the final date allowed for filing; or their delivery to a third-party commercial carrier, on or before the final date allowed for filing, for delivery to the clerk within 3 calendar days. See U.S. Supreme Court Rule 29.2. For an inmate confined in an institution, a document is timely filed if it is deposited in the institution’s internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U.S.C. § 1746 setting out the date of deposit and stating that first-class postage has been prepaid. See U.S. Supreme Court Rule 29.2.
2. What to File.
Generally, a petitioner must file:— 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 the petitioner is asking the U.S. Supreme 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 the case. See U.S. Supreme Court 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 the U.S. Supreme Court. See U.S. Supreme Court Rule 29.5.
The forms below provide examples of an original motion, affidavit or declaration, and petition, which would be stapled together in that order. There is also an example of a proof of service, which would be included as a detached sheet.
