1. Motion for Leave to Proceed In Forma Pauperis - Rule 39
b. On the line in the case caption for “petitioner,” the petitioner types his or her own name. A pro se petitioner generally cannot file a petition for someone else, because a pro se litigant can only represent himself or herself, not other people. On the line for “respondent,” the petitioner should type the name of the opposing party in the lower tribunal. If there are multiple respondents, enter the first respondent, as the name appeared on the lower tribunal 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 tribunal(s) in the case already granted the petitioner leave to proceed in forma pauperis, the petitioner should check the appropriate space and indicate the court or courts that allowed him or her to proceed in forma pauperis. If none of the lower tribunals granted leave to proceed in forma pauperis, the petitioner should check the block that says that.
d. Sign the motion on the signature line.
2. Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis.
On the example form provided, a petitioner should answer fully each of the questions. If the answer to a question is “0,” “none,” or “not applicable (N/A),” the petitioner should enter that response. If a petitioner needs more space to answer a question or to explain your answer, he or she should attach a separate sheet of paper, identified with his or her name and the question number. Unless each question is fully answered, the U.S. Supreme Court clerk will not accept the petition. The form must either be notarized or be in the form of a declaration. See Title 28 U.S. Code, Section 1746.3. Cover Page - Rule 34.
When a petitioner completes the example form for the cover page, he or she should:b. Complete the case caption the same way as 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 the 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 lower tribunal, the state court of appeals should be listed. If the case is federal, the United States Court of Appeals that decided the case will always be listed here.
d. Enter his or her name, address, and telephone number in the appropriate spaces.
4. Question(s) Presented.
On the example form, the petitioner should give the question or questions that he or she wants 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. The petitioner should state the issue he or she wants the Court to decide clearly and without unnecessary detail.5. List of Parties.
On the example form, the petitioner should 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, they should be listed there. Rule 12.6 states that all parties to the proceeding whose judgment is sought to be reviewed shall be deemed parties in the U.S. Supreme Court, and that all parties other than petitioner shall be respondents. The court whose judgment the petitioner seeks to have the U.S. Supreme Court review is not a party.6. Table of Contents.
On the example form, the petitioner should list the page numbers on which the required portions of the petition appear. The pages should be numbered consecutively, starting with the “Opinions Below” page as page 1.7. Index of Appendices.
The petitioner should list the description of each document that is included in the appendix beside the appropriate appendix letter, and mark the bottom of the first page of each appendix with the appropriate designation, e.g., “Appendix A.” See Rule 14.1 regarding items to be included in the appendix.a. Federal Courts.
If a petitioner is 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 the petitioner is 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 the petitioner was a party, a copy of the state court decision must be included in the appendix.b. State Courts.
If a petitioner is 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 tribunal 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 running 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 lower tribunal ruled against a pro se party, the intermediate court of appeals affirmed the decision of the lower tribunal, and then the state supreme court denied discretionary review and then denied a timely petition for rehearing, the appendices 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 |
