PART VII. PRACTICE AND PROCEDURE

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Rule 29. Filing and Service of Documents; Special 
         Notifications; Corporate Listing 

1. Any document required or permitted to be presented to 
the Court or to a Justice shall be filed with the Clerk. 

2. A document is timely filed if it is received by the Clerk
within the time specified for filing; or if it is sent to the Clerk
through the United States Postal Service by first-class mail
(including express or priority mail), postage prepaid, and
bears a postmark, other than a commercial postage meter
label, showing that the document was mailed on or before
the last day for filing; or if it is delivered on or before the
last day for filing to a third-party commercial carrier for
delivery to the Clerk within 3 calendar days. If submitted
by an inmate confined in an institution, a document is timely
filed if it is deposited in the institution's internal mail system
on or before the last day for filing and is accompanied by a
notarized statement or declaration in compliance with 28
U. S. C. section 1746 setting out the date of deposit and stating that
first-class postage has been prepaid. If the postmark is
missing or not legible, or if the third-party commercial carrier
does not provide the date the document was received by
the carrier, the Clerk will require the person who sent the 
document to submit a notarized statement or declaration in
compliance with 28 U. S. C. section 1746 setting out the details of
the filing and stating that the filing took place on a particular
date within the permitted time.

3. Any document required by these Rules to be served
may be served personally, by mail, or by third-party commercial
carrier for delivery within 3 calendar days on each
party to the proceeding at or before the time of filing. If
the document has been prepared as required by Rule 33.1,
three copies shall be served on each other party separately
represented in the proceeding. If the document has been
prepared as required by Rule 33.2, service of a single copy
on each other separately represented party suffices. If personal
service is made, it shall consist of delivery at the office
of the counsel of record, either to counsel or to an employee
therein. If service is by mail or third-party commercial carrier,
it shall consist of depositing the document with the
United States Postal Service, with no less than first-class
postage prepaid, or delivery to the carrier for delivery
within 3 calendar days, addressed to counsel of record at the
proper address. When a party is not represented by counsel,
service shall be made on the party, personally, by mail,
or by commercial carrier. Ordinarily, service on a party
must be by a manner at least as expeditious as the manner
used to file the document with the Court.

4. (a) If the United States or any federal department, of- 
fice, agency, officer, or employee is a party to be served, serv- 
ice shall be made on the Solicitor General of the United 
States, Room 5614, Department of Justice, 950 Pennsylvania 
Ave., N. W., Washington, DC 20530-0001. When an agency 
of the United States that is a party is authorized by law to 
appear before this Court on its own behalf, or when an officer 
or employee of the United States is a party, the agency, offi- 
cer, or employee shall be served in addition to the Solicitor 
General. 
   (b) In any proceeding in this Court in which the constitu- 
tionality of an Act of Congress is drawn into question, and 
neither the United States nor any federal department, office, 
agency, officer, or employee is a party, the initial document 
filed in this Court shall recite that 28 U. S. C. § 2403(a) may 
apply and shall be served on the Solicitor General of the 
United States, Room 5614, Department of Justice, 950 Penn- 
sylvania Ave., N. W., Washington, DC 20530-0001. In such 
a proceeding from any court of the United States, as defined 
by 28 U. S. C. § 451, the initial document also shall state 
whether that court, pursuant to 28 U. S. C. § 2403(a), 
certified to the Attorney General the fact that the constitu- 
tionality of an Act of Congress was drawn into question. 
See Rule 14.1(e)(v). 
(c) In any proceeding in this Court in which the constitu- 
tionality of any statute of a State is drawn into question, and 
neither the State nor any agency, officer, or employee thereof 
is a party, the initial document filed in this Court shall recite 
that 28 U. S. C. § 2403(b) may apply and shall be served on 
the Attorney General of that State. In such a proceeding 
from any court of the United States, as defined by 28 U. S. C. 
§ 451, the initial document also shall state whether that 
court, pursuant to 28 U. S. C. § 2403(b), certified to the State 
Attorney General the fact that the constitutionality of a stat- 
ute of that State was drawn into question. See Rule 
14.1(e)(v). 

5. Proof of service, when required by these Rules, shall 
accompany the document when it is presented to the Clerk 
for filing and shall be separate from it. Proof of service 
shall contain, or be accompanied by, a statement that all par- 
ties required to be served have been served, together with 
a list of the names, addresses, and telephone numbers of 
counsel indicating the name of the party or parties each 
counsel represents. It is not necessary that service on each 
party required to be served be made in the same manner or 
evidenced by the same proof. Proof of service may consist 
of any one of the following: 
   (a) an acknowledgment of service, signed by counsel of 
record for the party served, and bearing the address and 
telephone number of such counsel; 
   (b) a certificate of service, reciting the facts and circum- 
stances of service in compliance with the appropriate para- 
graph or paragraphs of this Rule, and signed by a member 
of the Bar of this Court representing the party on whose 
behalf service is made or by an attorney appointed to repre- 
sent that party under the Criminal Justice Act of 1964, see 18 
U. S. C. § 3006A(d)(6), or under any other applicable federal 
statute; or 
   (c) a notarized affidavit or declaration in compliance with 
28 U. S. C. § 1746, reciting the facts and circumstances of 
service in accordance with the appropriate paragraph or 
paragraphs of this Rule, whenever service is made by any 
person not a member of the Bar of this Court and not an 
attorney appointed to represent a party under the Criminal 
Justice Act of 1964, see 18 U. S. C. § 3006A(d)(6), or under 
any other applicable federal statute. 

6. Every document, except a joint appendix or amicus cu- 
riae brief, filed by or on behalf of a nongovernmental corpo- 
ration shall contain a corporate disclosure statement identi- 
fying the parent corporations and listing any publicly held 
company that owns 10% or more of the corporation's stock. 
If there is no parent or publicly held company owning 10% 
or more of the corporation's stock, a notation to this effect 
shall be included in the document. If a statement has been 
included in a document filed earlier in the case, reference 
may be made to the earlier document (except when the ear- 
lier statement appeared in a document prepared under Rule 
33.2), and only amendments to the statement to make it cur- 
rent need be included in the document being filed. 

Rule 30. Computation and Extension of Time 

1. In the computation of any period of time prescribed or 
allowed by these Rules, by order of the Court, or by an appli- 
cable statute, the day of the act, event, or default from which 
the designated period begins to run is not included. The 
last day of the period shall be included, unless it is a Satur- 
day, Sunday, federal legal holiday listed in 5 U. S. C. § 6103, 
or day on which the Court building is closed by order of the 
Court or the Chief Justice, in which event the period shall 
extend until the end of the next day that is not a Saturday, 
Sunday, federal legal holiday, or day on which the Court 
building is closed. 

2. Whenever a Justice or the Clerk is empowered by law
or these Rules to extend the time to file any document, an
application seeking an extension shall be filed within the period
sought to be extended. An application to extend the
time to file a petition for a writ of certiorari or to file a jurisdictional
statement must be filed at least 10 days before the
specified final filing date as computed under these Rules; if
filed less than 10 days before the final filing date, such application
will not be granted except in the most extraordinary
circumstances.

3. An application to extend the time to file a petition for a 
writ of certiorari, to file a jurisdictional statement, to file a 
reply brief on the merits, or to file a petition for rehearing 
shall be made to an individual Justice and presented and 
served on all other parties as provided by Rule 22. Once 
denied, such an application may not be renewed. 

4. An application to extend the time to file any document 
or paper other than those specified in paragraph 3 of this 
Rule may be presented in the form of a letter to the Clerk 
setting out specific reasons why an extension of time is justi- 
fied. The letter shall be served on all other parties as re- 
quired by Rule 29. The application may be acted on by the 
Clerk in the first instance, and any party aggrieved by the 
Clerk's action may request that the application be submitted 
to a Justice or to the Court. The Clerk will report action 
under this paragraph to the Court as instructed. 

Rule 31. Translations 

Whenever any record to be transmitted to this Court con- 
tains material written in a foreign language without a trans- 
lation made under the authority of the lower court, or ad- 
mitted to be correct, the clerk of the court transmitting the 
record shall advise the Clerk of this Court immediately so 
that this Court may order that a translation be supplied and, 
if necessary, printed as part of the joint appendix. 

Rule 32. Models, Diagrams, and Exhibits 

1. Models, diagrams, and exhibits of material forming part 
of the evidence taken in a case and brought to this Court for 
its inspection shall be placed in the custody of the Clerk at 
least two weeks before the case is to be heard or submitted. 

2. All models, diagrams, exhibits, and other items placed 
in the custody of the Clerk shall be removed by the parties 
no more than 40 days after the case is decided. If this is 
not done, the Clerk will notify counsel to remove the articles 
forthwith. If they are not removed within a reasonable 
time thereafter, the Clerk will destroy them or dispose of 
them in any other appropriate way. 

3. Any party or amicus curiae desiring to lodge non-record
material with the Clerk must set out in a letter, served
on all parties, a description of the material proposed for lodging
and the reasons why the non-record material may properly
be considered by the Court. The material proposed for
lodging may not be submitted until and unless requested by
the Clerk.

Rule 33. Document Preparation: Booklet Format; 8 1/2- 
         by 11-Inch Paper Format 


1. Booklet Format: (a) Except for a document expressly 
permitted by these Rules to be submitted on 8 1/2- by 11-inch 
paper, see, e. g., Rules 21, 22, and 39, every document filed 
with the Court shall be prepared in a 6 1/8- by 9 1/4-inch booklet 
format using a standard typesetting process (e. g., hot metal, 
photocomposition, or computer typesetting) to produce text 
printed in typographic (as opposed to typewriter) characters. 
The process used must produce a clear, black image on white 
paper. The text must be reproduced with a clarity that 
equals or exceeds the output of a laser printer. 
   (b) The text of every booklet-format document, including 
any appendix thereto, shall be typeset in Roman 11-point or 
larger type with 2-point or more leading between lines. The 
typeface should be similar to that used in current volumes of 
the United States Reports. Increasing the amount of text 
by using condensed or thinner typefaces, or by reducing the 
space between letters, is strictly prohibited. Type size and 
face shall be consistent throughout. Quotations in excess of 
50 words shall be indented. The typeface of footnotes shall 
be 9-point or larger with 2-point or more leading between 
lines. The text of the document must appear on both sides 
of the page. 
   (c) Every booklet-format document shall be produced on 
paper that is opaque, unglazed, and not less than 60 pounds 
in weight, and shall have margins of at least three-fourths of 
an inch on all sides. The text field, including footnotes, may 
not exceed 4 1/8 by 7 1/8 inches. The document shall be bound 
firmly in at least two places along the left margin (saddle 
stitch or perfect binding preferred) so as to permit easy 
opening, and no part of the text should be obscured by the 
binding. Spiral, plastic, metal, or string bindings may not 
be used. Copies of patent documents, except opinions, may 
be duplicated in such size as is necessary in a separate 
appendix. 
   (d) Every booklet-format document, shall comply with the 
page limits shown on the chart in subparagraph 1(g) of this 
Rule. The page limits do not include the questions pre- 
sented, the list of parties and the corporate disclosure state- 
ment, the table of contents, the table of cited authorities, 
or any appendix. Verbatim quotations required under Rule 
14.1(f), if set out in the text of a brief rather than in the 
appendix, are also excluded. For good cause, the Court or 
a Justice may grant leave to file a document in excess of the 
page limits, but application for such leave is not favored. 
An application to exceed page limits shall comply with Rule 
22 and must be received by the Clerk at least 15 days before 
the filing date of the document in question, except in the 
most extraordinary circumstances. 
   (e) Every booklet-format document, shall have a suitable 
cover consisting of 65-pound weight paper in the color indi- 
cated on the chart in subparagraph 1(g) of this Rule. If a 
separate appendix to any document is filed, the color of its 
cover shall be the same as that of the cover of the document 
it supports. The Clerk will furnish a color chart upon re- 
quest. Counsel shall ensure that there is adequate contrast 
between the printing and the color of the cover. A docu- 
ment filed by the United States, or by any other federal 
party represented by the Solicitor General, shall have a gray 
cover. A joint appendix, answer to a bill of complaint, mo- 
tion for leave to intervene, and any other document not listed 
in subparagraph 1(g) of this Rule shall have a tan cover. 
   (f) Forty copies of a booklet-format document shall be filed.
   (g) Page limits and cover colors for booklet-format docu- 
ments are as follows: 



                                                           |  Page    |  Color of
       Type of Document                                    |  Limits  |   Cover
                                                           |          |
   (i) Petition for a Writ of Certiorari (Rule 14); Mo-    |          | 
       tion for Leave to File a Bill of Complaint and      |          | 
       Brief in Support (Rule 17.3); Jurisdictional        |          | 
       Statement (Rule 18.3); Petition for an Extraor-     |          | 
       dinary Writ (Rule 20.2)                             |    30    |   white 
                                                           |          |
  (ii) Brief in Opposition (Rule 15.3); Brief in Oppo-     |          | 
       sition to Motion for Leave to File an Original      |          | 
       Action (Rule 17.5); Motion to Dismiss or Affirm     |          | 
       (Rule 18.6); Brief in Opposition to Mandamus        |          | 
       or Prohibition (Rule 20.3(b)); Response to a Pe-    |          | 
       tition for Habeas Corpus (Rule 20.4)                |    30    |   orange 
                                                           |          |
 (iii) Reply to Brief in Opposition (Rules 15.6 and        |          | 
       17.5); Brief Opposing a Motion to Dismiss or        |          | 
       Affirm (Rule 18.8)                                  |    10    |    tan 
                                                           |          |
  (iv) Supplemental Brief (Rules 15.8, 17, 18.10, and      |          | 
       25.5)                                               |    10    |    tan 
                                                           |          |
   (v) Brief on the Merits for Petitioner or Appellant     |          | 
       (Rule 24); Exceptions by Plaintiff to Report of     |          | 
       Special Master (Rule 17)                            |    50    |  light blue 
                                                           |          |
  (vi) Brief on the Merits for Respondent or Appel-        |          | 
       lee (Rule 24.2); Brief on the Merits for Re-        |          | 
       spondent or Appellee Supporting Petitioner or       |          | 
       Appellant (Rule 12.6); Exceptions by Party          |          | 
       Other Than Plaintiff to Report of Special Mas-      |          | 
       ter (Rule 17)                                       |    50    |  light red 
                                                           |          |
 (vii) Reply Brief on the Merits (Rule 24.4)               |    20    |   yellow 
                                                           |          |
(viii) Reply to Plaintiff 's Exceptions to Report of       |          | 
       Special Master (Rule 17)                            |    50    |   orange 
                                                           |          |
  (ix) Reply to Exceptions by Party Other Than             |          | 
       Plaintiff to Report of Special Master (Rule 17)     |    50    |   yellow 
                                                           |          |
   (x) Brief for an Amicus Curiae at the Petition          |          | 
       Stage (Rule 37.2)                                   |    20    |   cream 
                                                           |          |
  (xi) Brief for an Amicus Curiae in Support of the        |          | 
       Plaintiff, Petitioner, or Appellant, or in Sup-     |          | 
       port of Neither Party, on the Merits or in an       |          | 
       Original Action at the Exceptions Stage             |          |   light 
       (Rule 37.3)                                         |    30    |   green 
                                                           |          |
 (xii) Brief for an Amicus Curiae in Support of the        |          | 
       Defendant, Respondent, or Appellee, on the          |          | 
       Merits or in an Original Action at the Excep-       |          |    dark 
       tions Stage (Rule 37.3)                             |    30    |   green 
                                                           |          |
(xiii) Petition for Rehearing (Rule 44)                    |    10    |    tan 



2. 8 1/2- by 11-Inch Paper Format: (a) The text of every 
document, including any appendix thereto, expressly permit- 
ted by these Rules to be presented to the Court on 8 1/2- by 
11-inch paper shall appear double spaced, except for indented 
quotations, which shall be single spaced, on opaque, un- 
glazed, white paper. The document shall be stapled or 
bound at the upper left-hand corner. Copies, if required, 
shall be produced on the same type of paper and shall be 
legible. The original of any such document (except a motion 
to dismiss or affirm under Rule 18.6) shall be signed by the 
party proceeding pro se or by counsel of record who must be 
a member of the Bar of this Court or an attorney appointed 
under the Criminal Justice Act of 1964, see 18 U. S. C. 
§ 3006A(d)(6), or under any other applicable federal statute. 
Subparagraph 1(g) of this Rule does not apply to documents 
prepared under this paragraph. 
   (b) Page limits for documents presented on 812- by 11-inch 
paper are: 40 pages for a petition for a writ of certiorari, 
jurisdictional statement, petition for an extraordinary writ, 
brief in opposition, or motion to dismiss or affirm; and 15 
pages for a reply to a brief in opposition, brief opposing a 
motion to dismiss or affirm, supplemental brief, or petition 
for rehearing. The page exclusions specified in subpara- 
graph 1(d) of this Rule apply. 

Rule 34. Document Preparation: General Requirements 

   Every document, whether prepared under Rule 33.1 or 
Rule 33.2, shall comply with the following provisions: 

1. Each document shall bear on its cover, in the order indi- 
cated, from the top of the page: 
   (a) the docket number of the case or, if there is none, a 
space for one; 
   (b) the name of this Court; 
   (c) the caption of the case as appropriate in this Court; 
   (d) the nature of the proceeding and the name of the court 
from which the action is brought (e. g., "On Petition for Writ 
of Certiorari to the United States Court of Appeals for the 
Fifth Circuit"; or, for a merits brief, "On Writ of Certiorari 
to the United States Court of Appeals for the Fifth Circuit"); 
   (e) the title of the document (e. g., "Petition for Writ of 
Certiorari," "Brief for Respondent," "Joint Appendix"); 
   (f) the name of the attorney who is counsel of record for 
the party concerned (who must be a member of the Bar of 
this Court except as provided in Rule 33.2), and on whom 
service is to be made, with a notation directly thereunder 
identifying the attorney as counsel of record and setting out 
counsel's office address and telephone number. Only one 
counsel of record may be noted on a single document. The 
names of other members of the Bar of this Court or of the 
bar of the highest court of a State acting as counsel, and, if 
desired, their addresses, may be added, but counsel of record 
shall be clearly identified. Names of persons other than at- 
torneys admitted to a state bar may not be listed, unless the 
party is appearing pro se, in which case the party's name, 
address, and telephone number shall appear. The foregoing 
shall be displayed in an appropriate typographic manner and, 
except for the identification of counsel, may not be set in 
type smaller than standard 11-point, if the document is pre- 
pared as required by Rule 33.1. 

2. Every document exceeding five pages (other than a joint 
appendix), whether prepared under Rule 33.1 or Rule 33.2, 
shall contain a table of contents and a table of cited authori- 
ties (i. e., cases alphabetically arranged, constitutional provi- 
sions, statutes, treatises, and other materials) with refer- 
ences to the pages in the document where such authorities 
are cited. 

3. The body of every document shall bear at its close the 
name of counsel of record and such other counsel, identified 
on the cover of the document in conformity with subpara- 
graph 1(f) of this Rule, as may be desired. 

Rule 35. Death, Substitution, and Revivor; Public 
         Officers 

1. If a party dies after the filing of a petition for a writ of 
certiorari to this Court, or after the filing of a notice of ap- 
peal, the authorized representative of the deceased party 
may appear and, on motion, be substituted as a party. If 
the representative does not voluntarily become a party, any 
other party may suggest the death on the record and, on 
motion, seek an order requiring the representative to be- 
come a party within a designated time. If the representa- 
tive then fails to become a party, the party so moving, if a 
respondent or appellee, is entitled to have the petition for a 
writ of certiorari or the appeal dismissed, and if a petitioner 
or appellant, is entitled to proceed as in any other case of 
nonappearance by a respondent or appellee. If the substitu- 
tion of a representative of the deceased is not made within 
six months after the death of the party, the case shall abate. 

2. Whenever a case cannot be revived in the court whose 
judgment is sought to be reviewed, because the deceased 
party's authorized representative is not subject to that 
court's jurisdiction, proceedings will be conducted as this 
Court may direct. 

3. When a public officer who is a party to a proceeding in 
this Court in an official capacity dies, resigns, or otherwise 
ceases to hold office, the action does not abate and any suc- 
cessor in office is automatically substituted as a party. The 
parties shall notify the Clerk in writing of any such succes- 
sions. Proceedings following the substitution shall be in the 
name of the substituted party, but any misnomer not affect- 
ing substantial rights of the parties will be disregarded. 

4. A public officer who is a party to a proceeding in this 
Court in an official capacity may be described as a party by 
the officer's official title rather than by name, but the Court 
may require the name to be added. 

Rule 36. Custody of Prisoners in Habeas Corpus 
         Proceedings 


1. Pending review in this Court of a decision in a habeas 
corpus proceeding commenced before a court, Justice, or 
judge of the United States, the person having custody of the 
prisoner may not transfer custody to another person unless 
the transfer is authorized under this Rule. 

2. Upon application by a custodian, the court, Justice, or 
judge who entered the decision under review may authorize 
transfer and the substitution of a successor custodian as a 
party. 

3. (a) Pending review of a decision failing or refusing to 
release a prisoner, the prisoner may be detained in the cus- 
tody from which release is sought or in other appropriate 
custody or may be enlarged on personal recognizance or bail, 
as may appear appropriate to the court, Justice, or judge 
who entered the decision, or to the court of appeals, this 
Court, or a judge or Justice of either court. 
   (b) Pending review of a decision ordering release, the pris- 
oner shall be enlarged on personal recognizance or bail, un- 
less the court, Justice, or judge who entered the decision, or 
the court of appeals, this Court, or a judge or Justice of 
either court, orders otherwise. 

4. An initial order respecting the custody or enlargement 
of the prisoner, and any recognizance or surety taken, shall 
continue in effect pending review in the court of appeals and 
in this Court unless for reasons shown to the court of ap- 
peals, this Court, or a judge or Justice of either court, the 
order is modified or an independent order respecting custody, 
enlargement, or surety is entered. 

Rule 37. Brief for an Amicus Curiae 

1. An amicus curiae brief that brings to the attention of 
the Court relevant matter not already brought to its atten- 
tion by the parties may be of considerable help to the Court. 
An amicus curiae brief that does not serve this purpose bur- 
dens the Court, and its filing is not favored. 

2. (a) An amicus curiae brief submitted before the 
Court's consideration of a petition for a writ of certiorari, 
motion for leave to file a bill of complaint, jurisdictional 
statement, or petition for an extraordinary writ, may be filed 
if accompanied by the written consent of all parties, or if the 
Court grants leave to file under subparagraph 2(b) of this 
Rule. The brief shall be submitted within the time allowed 
for filing a brief in opposition or for filing a motion to dismiss 
or affirm. The amicus curiae brief shall specify whether 
consent was granted, and its cover shall identify the party 
supported. 
   (b) When a party to the case has withheld consent, a mo- 
tion for leave to file an amicus curiae brief before the 
Court's consideration of a petition for a writ of certiorari, 
motion for leave to file a bill of complaint, jurisdictional 
statement, or petition for an extraordinary writ may be pre- 
sented to the Court. The motion, prepared as required by 
Rule 33.1 and as one document with the brief sought to be 
filed, shall be submitted within the time allowed for filing an 
amicus curiae brief, and shall indicate the party or parties 
who have withheld consent and state the nature of the mov- 
ant's interest. Such a motion is not favored. 

3. (a) An amicus curiae brief in a case before the Court 
for oral argument may be filed if accompanied by the written 
consent of all parties, or if the Court grants leave to file 
under subparagraph 3(b) of this Rule. The brief shall be 
submitted within the time allowed for filing the brief for the 
party supported, or if in support of neither party, within the 
time allowed for filing the petitioner's or appellant's brief. 
The amicus curiae brief shall specify whether consent was 
granted, and its cover shall identify the party supported or 
indicate whether it suggests affirmance or reversal. The 
Clerk will not file a reply brief for an amicus curiae, or a 
brief for an amicus curiae in support of, or in opposition to, 
a petition for rehearing. 
   (b) When a party to a case before the Court for oral argu- 
ment has withheld consent, a motion for leave to file an ami- 
cus curiae brief may be presented to the Court. The mo- 
tion, prepared as required by Rule 33.1 and as one document 
with the brief sought to be filed, shall be submitted within 
the time allowed for filing an amicus curiae brief, and shall 
indicate the party or parties who have withheld consent and 
state the nature of the movant's interest. 

4. No motion for leave to file an amicus curiae brief is 
necessary if the brief is presented on behalf of the United 
States by the Solicitor General; on behalf of any agency of 
the United States allowed by law to appear before this Court 
when submitted by the agency's authorized legal representa- 
tive; on behalf of a State, Commonwealth, Territory, or Pos- 
session when submitted by its Attorney General; or on behalf 
of a city, county, town, or similar entity when submitted by 
its authorized law officer. 

5. A brief or motion filed under this Rule shall be accom- 
panied by proof of service as required by Rule 29, and shall 
comply with the applicable provisions of Rules 21, 24, and 
33.1 (except that it suffices to set out in the brief the interest 
of the amicus curiae, the summary of the argument, the ar- 
gument, and the conclusion). A motion for leave to file may 
not exceed five pages. A party served with the motion may 
file an objection thereto, stating concisely the reasons for 
withholding consent; the objection shall be prepared as re- 
quired by Rule 33.2. 

6. Except for briefs presented on behalf of amicus curiae 
listed in Rule 37.4, a brief filed under this Rule shall indicate 
whether counsel for a party authored the brief in whole or 
in part and shall identify every person or entity, other than 
the amicus curiae, its members, or its counsel, who made a 
monetary contribution to the preparation or submission of the brief. 
The disclosure shall be made in the first footnote 
on the first page of text. 

Rule 38. Fees 

Under 28 U. S. C. § 1911, the fees charged by the Clerk are: 
   (a) for docketing a case on a petition for a writ of certio- 
rari or on appeal or for docketing any other proceeding, ex- 
cept a certified question or a motion to docket and dismiss 
an appeal under Rule 18.5, $300; 
   (b) for filing a petition for rehearing or a motion for leave 
to file a petition for rehearing, $200; 
   (c) for reproducing and certifying any record or paper, $1 
per page; and for comparing with the original thereof any 
photographic reproduction of any record or paper, when fur- 
nished by the person requesting its certification, $.50 per 
page; 
   (d) for a certificate bearing the seal of the Court, $10; and 
   (e) for a check paid to the Court, Clerk, or Marshal that is 
returned for lack of funds, $35. 

Rule 39. Proceedings In Forma Pauperis 

1. A party seeking to proceed in forma pauperis shall file 
a motion for leave to do so, together with the party's nota- 
rized affidavit or declaration (in compliance with 28 U. S. C. 
§ 1746) in the form prescribed by the Federal Rules of Appel- 
late Procedure, Form 4. The motion shall state whether 
leave to proceed in forma pauperis was sought in any other 
court and, if so, whether leave was granted. If the United 
States district court or the United States court of appeals 
has appointed counsel under the Criminal Justice Act of 1964, 
18 U. S. C. § 3006A, or under any other applicable federal 
statute, no affidavit or declaration is required, but the motion 
shall cite the statute under which counsel was appointed. 

2. If leave to proceed in forma pauperis is sought for the
purpose of filing a document, the motion, and an affidavit
or declaration if required, shall be filed together with that
document and shall comply in every respect with Rule 21.
As provided in that Rule, it suffices to file an original and 10
copies, unless the party is an inmate confined in an institution
and is not represented by counsel, in which case the
original, alone, suffices. A copy of the motion, and affidavit
or declaration if required, shall precede and be attached to
each copy of the accompanying document.

3. Except when these Rules expressly provide that a docu- 
ment shall be prepared as required by Rule 33.1, every docu- 
ment presented by a party proceeding under this Rule shall 
be prepared as required by Rule 33.2 (unless such prepara- 
tion is impossible). Every document shall be legible. 
While making due allowance for any case presented under 
this Rule by a person appearing pro se, the Clerk will not 
file any document if it does not comply with the substance of 
these Rules or is jurisdictionally out of time. 

4. When the documents required by paragraphs 1 and 2 of 
this Rule are presented to the Clerk, accompanied by proof 
of service as required by Rule 29, they will be placed on the 
docket without the payment of a docket fee or any other fee. 

5. The respondent or appellee in a case filed in forma pau- 
peris shall respond in the same manner and within the same 
time as in any other case of the same nature, except that the 
filing of an original and 10 copies of a response prepared as 
required by Rule 33.2, with proof of service as required by 
Rule 29, suffices. The respondent or appellee may challenge 
the grounds for the motion for leave to proceed in forma 
pauperis in a separate document or in the response itself. 

6. Whenever the Court appoints counsel for an indigent 
party in a case set for oral argument, the briefs on the merits 
submitted by that counsel, unless otherwise requested, shall 
be prepared under the Clerk's supervision. The Clerk also 
will reimburse appointed counsel for any necessary travel 
expenses to Washington, D. C., and return in connection with 
the argument. 

7. In a case in which certiorari has been granted, probable 
jurisdiction noted, or consideration of jurisdiction postponed, 
this Court may appoint counsel to represent a party finan- 
cially unable to afford an attorney to the extent authorized 
by the Criminal Justice Act of 1964, 18 U. S. C. § 3006A, or 
by any other applicable federal statute. 

8. If satisfied that a petition for a writ of certiorari, juris- 
dictional statement, or petition for an extraordinary writ is 
frivolous or malicious, the Court may deny leave to proceed 
in forma pauperis. 

Rule 40. Veterans, Seamen, and Military Cases 

1. A veteran suing to establish reemployment rights 
under any provision of law exempting veterans from the pay- 
ment of fees or court costs, may file a motion for leave to 
proceed on papers prepared as required by Rule 33.2. The 
motion shall ask leave to proceed as a veteran and be accom- 
panied by an affidavit or declaration setting out the moving 
party's veteran status. A copy of the motion shall precede 
and be attached to each copy of the petition for a writ 
of certiorari or other substantive document filed by the 
veteran. 

2. A seaman suing under 28 U. S. C. § 1916 may proceed 
without prepayment of fees or costs or furnishing security 
therefor, but is not entitled to proceed under Rule 33.2, ex- 
cept as authorized by the Court on separate motion under 
Rule 39. 

3. An accused person petitioning for a writ of certiorari to 
review a decision of the United States Court of Appeals for 
the Armed Forces under 28 U. S. C. § 1259 may proceed with- 
out prepayment of fees or costs or furnishing security there- 
for and without filing an affidavit of indigency, but is not 
entitled to proceed on papers prepared as required by Rule 
33.2, except as authorized by the Court on separate motion 
under Rule 39.