Rule 49. Petition for
writ of certiorari.
(a) Contents. The petition for a writ of certiorari shall
contain, in the order indicated:
(a)(1) A list of all parties to the proceeding in the court
whose judgment is sought to be reviewed, except where the caption of the case
in the Supreme Court contains the names of all parties.
(a)(2) A table of contents with page references.
(a)(3) A table of authorities with cases alphabetically
arranged and with parallel citations, agency rules, court rules, statutes, and
authorities cited, with references to the pages of the petition where they are
cited.
(a)(4) The questions presented for review, expressed in the
terms and circumstances of the case but without unnecessary detail. The
statement of the questions should be short and concise and should not be
argumentative or repetitious. General conclusions, such as "the decision
of the Court of Appeals is not supported by the law or facts," are not
acceptable. The statement of a question presented will be deemed to comprise
every subsidiary question fairly included therein. Only the questions set forth
in the petition or fairly included therein will be considered by the Supreme
Court.
(a)(5) A reference to the official and unofficial reports of
any opinions issued by the Court of Appeals.
(a)(6) A concise statement of the grounds on which the
jurisdiction of the Supreme Court is invoked, showing:
(a)(6)(A) the date of the entry of the decision sought to be
reviewed;
(a)(6)(B) the date of the entry of any order respecting a
rehearing and the date of the entry and terms of any order granting an
extension of time within which to petition for certiorari;
(a)(6)(C) reliance upon Rule 47(c), where a cross-petition
for a writ of certiorari is filed, stating the filing date of the petition for
a writ of certiorari in connection with which the cross-petition is filed; and
(a)(6)(D) the statutory provision believed to confer
jurisdiction on the Supreme Court.
(a)(7) Controlling provisions of constitutions, statutes,
ordinances, and regulations set forth verbatim with the appropriate citation.
If the controlling provisions involved are lengthy, their citation alone will
suffice and their pertinent text shall be set forth in the appendix referred to
in subparagraph (10) of this paragraph.
(a)(8) A statement of the case. The statement shall first
indicate briefly the nature of the case, the course of the proceedings, and its
disposition in the lower courts. There shall follow a statement of the facts
relevant to the issues presented for review. All statements of fact and
references to the proceedings below shall be supported by citations to the
record on appeal or to the opinion of the Court of Appeals.
(a)(9) With respect to each question presented, a direct and
concise argument explaining the special and important reasons as provided in
Rule 46 for the issuance of the writ.
(a)(10) An appendix containing, in the following order:
(a)(10)(A) copies of all opinions, including concurring and
dissenting opinions, and all orders, including any order on rehearing,
delivered by the Court of Appeals in rendering the decision sought to be
reviewed;
(a)(10)(B) copies of any other opinions, findings of fact,
conclusions of law, orders, judgments, or decrees that were rendered in the
case or in companion cases by the Court of Appeals and by other courts or by
administrative agencies and that are relevant to the questions presented. Each
document shall include the caption showing the name of the issuing court or
agency, the title and number of the case, and the date of its entry; and
(a)(10)(C) any other judicial or administrative opinions or
orders that are relevant to the questions presented but were not entered in the
case that is the subject of the petition.
If the material that is required by subparagraphs (7) and
(10) of this paragraph is voluminous, they may be separately presented.
(b) Form of petition. The petition for a writ of certiorari
shall comply with the form of a brief as specified in Rule 27.
(c) No separate brief. All contentions in support of a
petition for a writ of certiorari shall be set forth in the body of the
petition, as provided in subparagraph (a)(9) of this rule. The petitioner shall
not file a separate brief in support of a petition for a writ of certiorari. If
the petition is granted, the petitioner will be notified of the date on which
the brief in support of the merits of the case is due.
(d) Page limitation. The petition for a writ of certiorari
shall be as short as possible, but may not exceed 20 pages, excluding the
subject index, the table of authorities, any verbatim quotations required by
subparagraph (a)(7) of this rule, and the appendix.
(e) Absence of accuracy, brevity, and clarity. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to a ready and adequate understanding of the points requiring consideration will be a sufficient reason for denying the petition.