schs seal
teh supreme court historical society
researching the court
section image


 

 


section - the supreme court and its procedures

 
supreme court rules


 
 

Cornell University Legal Information Institute, Rules of the Supreme Court of the United States (visited Dec. 1, 1999) www.law.cornell.edu/rules/supct/overview.html

The New York Law Publishing Company, Law Journal Extra! (visited Dec. 1, 1999) www.ljextra.com/courthouse/rules/suprules.html

United States Reports (United States Government Printing Office 1754 - present)

Both the Legal Information Institute ("LII") and Law Journal Extra! provide the full text of the current Rules of the Supreme Court Rules ("the Supreme Court Rules.") The Supreme Court Rules provide practical information for individuals with business before the Supreme Court. For example, the Supreme Court Rules provide information ranging from the time restrictions at oral argument, to the requirements of a Supreme Court brief, to information about the filing and service of documents. [47] The Supreme Court adopted the most recent set of Supreme Court Rules on January 11, 1999, and these Rules became effective on May 3, 1999. [48]

The Legal Information Institute ("LII") provides a searchable set of the Supreme Court Rules at a Web site hosted by Cornell University. The Supreme Court Rules are currently divided into the following parts: (a) the Supreme Court, (b) attorneys and counselors, (c) jurisdiction on writ of certiorari, (d) other jurisdiction, (e) motions and applications, (f) briefs on the merits and oral argument, (g) practice and procedure, (h) disposition of cases, and (i) definitions and effective date. [49] The LII Web site lists the Rules by part and provides a link to the text of each Rule. [50]

Like the LII, Law Journal Extra! also provides the Supreme Court Rules online. [51] The Law Journal Extra! Web site divides the Rules numerically and provides a hypertext link to the text of each Rule. [52] While LII has a search engine at its Web site, Law Journal Extra! provides the Clerk’s Comments to the Supreme Court Rules. [53]

The Clerk’s Comments to the Supreme Court Rules often indicate how a new Rule differs from its predecessor. [54] Furthermore, the Clerk’s Comments often provide information about the intent or purpose behind a Supreme Court Rule. [55] Unlike the Federal Rules of Evidence or Federal Rules of Civil Procedure, for example, few documents provide commentary on the Supreme Court Rules. Thus, the Law Journal Extra! Web site may represent a particularly useful source of information because the Web site provides the Clerk’s Comments to the Supreme Court Rules.

The United States Reports also provide the full text of the Supreme Court Rules. [56] The Supreme Court Rules appear in the back of the bound volumes, and the U.S Reports include a table of contents to the Supreme Court Rules. [57]

The Supreme Court Rules do not appear in every bound volume of the U.S. Reports. Rather, the U.S. Reports publish the Rules in the volume that corresponds to the Term in which the Supreme Court adopted and enacted the Rules. [58] As previously mentioned in the Tributes to the Justices section, the disadvantage with the U.S. Reports is that the series is published approximately four years after the Term concludes. Thus, the U.S. Reports may not be the best resource for finding current Supreme Court Rules. However, the U.S. Reports may be particularly helpful to an individual who is looking for the text of an older Supreme Court Rule. The U.S. Reports may also be useful to an individual who is looking for the text of a Supreme Court Rule that was repealed. [59]



back to researchin the supreme court


navigation home the society history of the court how the court works society publications the learning center researching the court society awards supreme court online gift shop