From: Jim Choate <ravage@ssz.com>
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Raw Date: Mon, 29 Dec 1997 12:40:18 +0800
From: Jim Choate <ravage@ssz.com>
Date: Mon, 29 Dec 1997 12:40:18 +0800
To: cypherpunks@ssz.com
Subject: 29.html
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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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