USSC Update, as of September 1, 2021

USSC Update, as of September 1, 2021



Supreme Court Building

(2.5 minutes to read)  On July 19, 2021, the Supreme Court of the United States rescinded its prior COVID-19 related orders of March 19, 2020, and April 15, 2020.

Modification to Paper Filing Requirement

For covered documents filed on or after September 1, 2021, the requirement of Rule 33.1 that 40 copies of documents be submitted in booklet format will go back into effect.

For documents submitted under Rule 33.2, the requirement of Rule 39 that an original and 10 copies be submitted, where applicable, will also go back into effect for covered documents filed on or after September 1, 2021.

The authorization to file a single copy of certain documents on 8½ x 11-inch paper, as set forth in the Court’s April 15, 2020 order, will remain in effect only to documents filed before September 1, 2021.

Additionally, the Court’s July 19, 2021 Order provides that the following categories of documents should not be filed in paper form if they are submitted through the Court’s electronic filing system:

1. motions for an extension of time under Rule 30.4;

2. waivers of the right to respond to a petition under Rule 15.5; and

3. blanket consents to the filing of amicus briefs under Rules 37.2(a) and 37.3(a).

Notwithstanding Rule 34.6 and paragraph 9 of the Guidelines for the Submission of Documents to the Supreme Court’s Electronic Filing System, the aforementioned filings should be electronically filed in cases governed by Rule 34.6. Other types of documents in those cases should be filed in paper form only.

Filing Deadlines

Only in those cases in which:

•the relevant lower court judgment,

•order denying discretionary review, or

•order denying a timely petition for rehearing,

was issued prior to July 19, 2021, the deadline to file a petition for a writ of certiorari remains extended to 150 days from the date of that judgment or order.

In those cases where:

•the relevant lower court judgment,

•order denying discretionary review, or

•order denying a timely petition for rehearing,

was issued on or after July 19, 2021, the deadline to file a petition for a writ of certiorari is as provided by Rule 13.

Although the court house remains closed to the public due to COVID-19, such closure does not affect filing deadlines under Rule 30.1.

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.

Nikolina Gurfinkel
APPELLATE INNOVATIONS

1 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

 

Enjoyed this article? Like us!   

 

No Comments

Post A Comment