1997-12-29 - 29.html

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From: Jim Choate <ravage@ssz.com>
To: cypherpunks@ssz.com
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From: Jim Choate <ravage@ssz.com>
Date: Mon, 29 Dec 1997 12:40:18 +0800
To: cypherpunks@ssz.com
Subject: 29.html
Message-ID: <199712290457.WAA00396@einstein.ssz.com>
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      SUPREME COURT OF THE U.S. - RULES
      ..Part VII. Practice and Procedure
      
   
     _________________________________________________________________
   
    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 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
       showing that the document was mailed on or before the last day for
       filing. Commercial postage meter labels alone are not acceptable.
       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. §1746 setting out the date of deposit and stating
       that first-class postage has been prepaid. If the postmark is
       missing or not legible, the Clerk will require the person who
       mailed the document to submit a notarized statement or declaration
       in compliance with 28 U. S. C. §1746 setting out the details of
       the mailing and stating that the mailing took place on a
       particular date within the permitted time. A document also is
       timely filed if it is forwarded through a private delivery or
       courier service and is actually received by the Clerk within the
       time permitted for filing.
     * 3. Any document required by these Rules to be served may be served
       personally or by mail 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, it shall consist of depositing the document
       with the United States Postal Service, with no less than
       first-class postage prepaid, addressed to counsel of record at the
       proper post office address. When a party is not represented by
       counsel, service shall be made on the party, personally or by
       mail.
     * 4. (a) If the United States or any federal department, office,
       agency, officer, or employee is a party to be served, service
       shall be made on the Solicitor General of the United States, Room
       5614, Department of Justice, 10th St. and Constitution Ave., N.
       W., Washington, DC 20530. 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, officer, or employee shall be served in
       addition to the Solicitor General.
          + (b) In any proceeding in this Court in which the
            constitutionality 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, 10th St. and Constitution Ave., N. W.,
            Washington, DC 20530. 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 constitutionality 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
            constitutionality 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 statute 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 parties 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;
          + (b) a certificate of service, reciting the facts and
            circumstances of service in compliance with the appropriate
            paragraph 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
            represent 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 curiae brief,
       filed by or on behalf of one or more corporations shall list all
       parent companies and nonwholly owned subsidiaries of each of the
       corporate filers. If there is no parent or subsidiary company to
       be listed, a notation to this effect shall be included in the
       document. If a list has been included in a document filed earlier
       in the case, reference may be made to the earlier document (except
       when the earlier list appeared in an application for an extension
       of time or for a stay), and only amendments to the list to make it
       current need be included in the document being filed.
       
   
     _________________________________________________________________
   
   
   
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