From: Jim Choate <ravage@ssz.com>
To: cypherpunks@ssz.com
Message Hash: a8613cc23c8d88bba46d680e3b19b0aab45cb1fccc061dd83bd1fda8ffd6c72a
Message ID: <199712290447.WAA00223@einstein.ssz.com>
Reply To: N/A
UTC Datetime: 1997-12-29 04:27:09 UTC
Raw Date: Mon, 29 Dec 1997 12:27:09 +0800
From: Jim Choate <ravage@ssz.com>
Date: Mon, 29 Dec 1997 12:27:09 +0800
To: cypherpunks@ssz.com
Subject: 17.html
Message-ID: <199712290447.WAA00223@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text/plain
SUPREME COURT OF THE U.S. - RULES
..Part IV. Other Jurisdiction
_________________________________________________________________
Rule 17. Procedure in an Original Action
* 1. This Rule applies only to an action invoking the Court's
original jurisdiction under Article III of the Constitution of the
United States. See also 28 U. S. C. §1251 and U. S. Const., Amdt.
11. A petition for an extraordinary writ in aid of the Court's
appellate jurisdiction shall be filed as provided in Rule 20.
* 2. The form of pleadings and motions prescribed by the Federal
Rules of Civil Procedure is followed. In other respects, those
Rules and the Federal Rules of Evidence may be taken as guides.
* 3. The initial pleading shall be preceded by a motion for leave to
file, and may be accompanied by a brief in support of the motion.
Forty copies of each document shall be filed, with proof of
service. Service shall be as required by Rule 29, except that when
an adverse party is a State, service shall be made on both the
Governor and the Attorney General of that State.
* 4. The case will be placed on the docket when the motion for leave
to file and the initial pleading are filed with the Clerk. The
Rule 38(a) docket fee shall be paid at that time.
* 5. No more than 60 days after receiving the motion for leave to
file and the initial pleading, an adverse party shall file 40
copies of any brief in opposition to the motion, with proof of
service as required by Rule 29. The Clerk will distribute the
filed documents to the Court for its consideration upon receiving
an express waiver of the right to file a brief in opposition, or,
if no waiver or brief is filed, upon the expiration of the time
allowed for filing. If a brief in opposition is timely filed, the
Clerk will distribute the filed documents to the Court for its
consideration no less than 10 days after the brief in opposition
is filed. A reply brief may be filed, but consideration of the
case will not be deferred pending its receipt. The Court
thereafter may grant or deny the motion, set it for oral argument,
direct that additional documents be filed, or require that other
proceedings be conducted.
* 6. A summons issued out of this Court shall be served on the
defendant 60 days before the return day specified therein. If the
defendant does not respond by the return day, the plaintiff may
proceed ex parte.
* 7. Process against a State issued out of this Court shall be
served on both the Governor and the Attorney General of that
State.
_________________________________________________________________
[Previous Section -] [Next Section +]
[Overview]
_________________________________________________________________
Return to December 1997
Return to “Jim Choate <ravage@ssz.com>”
1997-12-29 (Mon, 29 Dec 1997 12:27:09 +0800) - 17.html - Jim Choate <ravage@ssz.com>