Seeking Review in the U.S. Supreme Court

Guide for Prospective Indigent Petitioners for Writs of Certiorari.

Nature of U.S. Supreme Court Review.

Time for Filing.

What to File.

Page Limitation.

Method of Filing.

Additional Information About the Example Forms.

Motion for Leave to Proceed In Forma Pauperis-Rule 39

  1. On the example form provided for the motion for leave to proceed in forma pauperis,a petitioner should leave the case number blank. The number will be assigned by the U.S. Supreme Court clerk when the case is docketed.
  2. On the line in the case caption for “petitioner,” the petitioner types his or her own name. A pro sepetitioner generally cannot file a petition for someone else, because a pro selitigant 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.
  3. 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.
  4. Sign the motion on the signature line.

Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis.

Cover Page – Rule 34.

  1. Leave the case number blank. The number will be assigned by the clerk when the case is docketed.
  2. Complete the case caption the same way as on the motion for leave to proceed in forma pauperis.
  3. 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.
  4. Enter his or her name, address, and telephone number in the appropriate spaces.

Question(s) Presented.

List of Parties.

Table of Contents.

Index of Appendices.

  1. 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 magistratejudge, 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 corpuscase, 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.
  2. 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