Sometimes parties need to ask the Supreme Court for permission to do something during an appeal. You need to file a motion if you need to request an order from the Supreme Court. Motions are not used very much in the Supreme Court so you should file a motion only if it is necessary.
The person who wants the motion files a Motion, Affidavit & Memorandum and a proposed Order. The person who does not want the motion files an Opposition.
|Who files?||What papers?||When due?||How many copies?||How serve the other side?|
|Moving party (party who wants the motion)||
||When need to make request of the court unless the Appellate Rules require a specific timeline for special types of motions||Usually, file the original motion papers + 1 copy. Some motions (e.g., to dismiss, for reconsideration) file original + 5 copies.||Hand deliver or 1st class U.S. mail.|
||10 days after the motion was mailed, or 7 days if it was hand delivered||Usually, file the original motion papers + 1 copy. Some motions (e.g., to dismiss, for reconsideration) file original + 5 copies.||Hand deliver or 1st class mail|
This form is like a cover page. Tell the Supreme Court:
If the motion is for an extension of time, include a statement of each extension of time previously granted to you and how long each extension was.
This form is where you support your request with the details of why you should get what you say you want. Be sure to:
Since this is a sworn statement, you must sign it in front of a notary, which includes court clerks and postal officials. You will need picture I.D. when you sign.
The order is the document you are asking the Supreme Court to sign. It tells anyone who reads it exactly what the Court has ordered in very simple, clear terms. Leave the signature line and date next to it blank. The Supreme Court may change your order or sign a different order.
On the bottom of the motion form, you must fill in the certificate of service information which tells the court how and when you served the opposing party with copies of the documents. Send by first class U.S. mail or hand-deliver a copy of all these documents to the other person, or lawyer if they have one.
For most motions, file the original motion papers + 1 copy of them in the Appellate Clerk's Office. However, in some circumstances (e.g., motion to dismiss and motion for reconsideration) you need to file the original motion papers + 5 copies. Read Appellate Rule 503 to decide if you need to file extra copies.
You wait. The other person has 7 days from the date you served the motion to file an opposition to your motion if you hand delivered it, or 10 days if you mailed it. The other side will file their response by filing an opposition.
If you were served with a motion, you can tell the Supreme Court whether you agree or disagree with the other side's request by filing an opposition.
This form tells the Supreme Court that you disagree with what the opposing party is asking for in the motion. Be sure to:
The Opposition form also tells:
On the bottom of the opposition form, fill in the certificate of service information which tells the court how and when you served the opposing party with copies of the documents. Send by 1st class U.S. mail or hand-deliver a copy of all these documents to the other person, or their lawyer if they have one.
For most motions and oppositions, file the original motion papers + 1 copy of them in the Appellate Clerk’s Office. However, in some circumstances (e.g., motion to dismiss and motion for reconsideration) you need to file the original motion papers + 5 copies. Read Appellate Rule 503 to decide if you need to file extra copies. Always make a copy for your own records of anything you file in court.
No, not unless the Court orders it.
No. The Court will decide the issue based on just the papers filed.
For motions and opposition, count every day except the first day. If the last day is a Saturday, Sunday or a legal holiday, go to the next business day and that is when your papers are due. See Appellate Rule 502.
The Supreme Court will decide the motion as soon as possible after the 7 days to file an opposition has passed.
If you feel that you have an emergency that justifies speeding up the motion process, you may consider filing an "emergency" motion. Appellate Rule 504 is the special court rule that controls these requests. The Court rarely grants emergency motions. You should only file one in a real emergency when permanent harm will happen if the motion is decided using the normal timeline.
You can file a motion for reconsideration within 10 days after the date of notice of the order. Motions for reconsideration are rarely granted. Read Appellate Rule 503(h) for more information.
The following examples may be helpful:
Sample Motion for Extension of Time
Sample Affidavit & Memorandum for Extension of Time
Sample Order for Extension of Time
| Rev. 27 September 2007
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