Rule 50. Brief in opposition; reply brief; brief of amicus curiae.
(a) Brief in opposition. Within
30 days after service of a petition the respondent shall file an opposing
brief, disclosing any matter or ground why the case should not be reviewed by
the Supreme Court. Such brief shall comply with Rules 27 and, as applicable,
49. Seven copies of the brief in opposition, one of which shall contain an
original signature, shall be filed with the Clerk of the Supreme Court.
(b) Page limitation. A brief in
opposition shall be as short as possible and may not, in any single case,
exceed 20 pages, excluding the subject index, the table of authorities, any
verbatim quotations required by Rule 49(a)(7), and the appendix.
(c) Objections to jurisdiction.
No motion by a respondent to dismiss a petition for a writ of certiorari will
be received. Objections to the jurisdiction of the Supreme Court to grant the
writ of certiorari may be included in the brief in opposition.
(d) Distribution of filings. Upon
the filing of a brief in opposition, the expiration of the time allowed therefor, or express waiver of the right to file, the
petition and the brief in opposition, if any, will be distributed by the clerk
for consideration. However, if a cross-petition for a writ of certiorari has
been filed, distribution of both it and the petition for a writ certiorari will
be delayed until the filing of a brief in opposition by the cross-respondent,
the expiration of the time allowed therefor, or
express waiver of the right to file.
(e) Reply brief. A reply brief
addressed to arguments first raised in the brief in opposition may be filed by any
petitioner, but distribution under paragraph (d) of this rule will not be
delayed pending the filing of any such brief. Such brief shall be as short as
possible, but may not exceed five pages. Such brief shall comply with Rule 27.
The number of copies to be filed shall be as described in Rule 50(a).
(f) Brief of amicus curiae. A
brief of an amicus curiae concerning a petition for certiorari may be filed
only by leave of the Supreme Court granted on motion or at the request of the
Supreme Court. The motion for leave shall be accompanied by a proposed amicus
brief, not to exceed 20 pages, excluding the subject index, the table of
authorities, any verbatim quotations required by Rule 49(a)(7), and the
appendix. The proposed amicus brief shall comply with Rule 27, and, as
applicable, Rule 49. The number of copies of the proposed amicus brief
submitted to the Supreme Court shall be the same as dictated by Rule 48(f). A
motion for leave shall identify the interest of the applicant and shall state
the reasons why a brief of an amicus curiae is desirable. The motion for leave
shall be filed on or before the date of the filing of the timely petition or
response of the party whose position the amicus curiae will support, unless the
Supreme Court for cause shown otherwise orders. Parties to the proceeding in
the Court of Appeals may indicate their support for, or opposition to, the
motion. Any response of a party to a motion for leave shall be filed within
seven days of service of the motion. If leave is granted, the proposed amicus
brief will be accepted as filed and, unless the order granting leave otherwise
indicates, amicus curiae also will be permitted to submit a brief on the
merits, provided it is submitted in compliance with the briefing schedule of
the party the amicus curiae supports. Denial of a motion for leave to file
brief of an amicus curiae concerning a petition for certiorari shall not
preclude a subsequent amicus motion relating to the merits after a grant of
certiorari. All motions for leave to file brief of an amicus curiae on the
merits after a grant of certiorari are governed by Rule 25.