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ARTICLE · 13 JULY 1999

Certiorari Practice: The Supreme Court’s Shrinking Docket - (Part II)

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United StatesLitigation, Mediation & Arbitration

An effective petition for certiorari takes account of the realities of the screening process described above; the draftsman should provide the information needed to write the certiorari pool memorandum with a positive bottom line. Keep in mind that the Court’s formal requirements (set out in Supreme Court Rules 12-14, 33-34) such as the placement of the question presented on the first page inside the petition, the recital of information regarding the Court’s jurisdiction, and the description of the petitioner’s efforts to preserve federal issues in state court litigation, are all critical to the Court’s efficient processing of several thousand petitions every year. If not scrupulously followed these requirements ensure a rejection of the petition by the Clerk’s office. Advice on applicable requirements appears in Supreme Court Practice at 309-69.

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