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Rule 49. Petition for writof certiorari.

(a)Contents. The petition for a writ ofcertiorari shall contain, in the order indicated:

(a)(1)A list of all parties to the proceeding in the court whose judgment is soughtto be reviewed, except where the caption of the case in the Supreme Courtcontains the names of all parties.

(a)(2)A table of contents with page references.

(a)(3)A table of authorities with cases alphabetically arranged and with parallelcitations, agency rules, court rules, statutes, and authorities cited, withreferences to the pages of the petition where they are cited.

(a)(4)The questions presented for review, expressed in the terms and circumstances ofthe case but without unnecessary detail. The statement of the questions shouldbe short and concise and should not be argumentative or repetitious. Generalconclusions, such as "the decision of the Court of Appeals is notsupported by the law or facts," are not acceptable. The statement of aquestion presented will be deemed to comprise every subsidiary question fairlyincluded therein. Only the questions set forth in the petition or fairlyincluded therein will be considered by the Supreme Court.

(a)(5)A reference to the official and unofficial reports of any opinions issued bythe Court of Appeals.

(a)(6)A concise statement of the grounds on which the jurisdiction of the SupremeCourt is invoked, showing:

(a)(6)(A) thedate of the entry of the decision sought to be reviewed;

(a)(6)(B) thedate of the entry of any order respecting a rehearing and the date of the entryand terms of any order granting an extension of time within which to petitionfor certiorari;

(a)(6)(C) relianceupon Rule ?48(d)(1)(B), where a cross-petitionfor a writ of certiorari is filed, stating the filing date of the petition fora writ of certiorari in connection with which the cross-petition is filed; and

(a)(6)(D) thestatutory provision believed to confer jurisdiction on the Supreme Court.

(a)(7)Controlling provisions of constitutions, statutes, ordinances, and regulationsset forth verbatim with the appropriate citation. If the controlling provisionsinvolved are lengthy, their citation alone will suffice and their pertinenttext shall be set forth in the appendix referred to in subparagraph (10) ofthis paragraph.

(a)(8)A statement of the case. The statement shall first indicate briefly the natureof the case, the course of the proceedings, and its disposition in the lowercourts. There shall follow a statement of the facts relevant to the issuespresented for review. All statements of fact and references to the proceedingsbelow shall be supported by citations to the record on appeal or to the opinionof the Court of Appeals.

(a)(9)With respect to each question presented, a direct and concise argumentexplaining the special and important reasons as provided in Rule 46 for theissuance of the writ.

(a)(10)An appendix containing, in the following order:

(a)(10)(A)copies of all opinions, including concurring and dissenting opinions, and allorders, including any order on rehearing, delivered by the Court of Appeals inrendering the decision sought to be reviewed;

(a)(10)(B) copiesof any other opinions, findings of fact, conclusions of law, orders, judgments,or decrees that were rendered in the case or in companion cases by the Court ofAppeals and by other courts or by administrative agencies and that are relevantto the questions presented. Each document shall include the caption showing thename of the issuing court or agency, the title and number of the case, and thedate of its entry; and

(a)(10)(C) anyother judicial or administrative opinions or orders that are relevant to thequestions presented but were not entered in the case that is the subject of thepetition.

Ifthe material that is required by subparagraphs (7) and (10) of this paragraphis voluminous, they may be separately presented.

(b)Form of petition. The petition for awrit of certiorari shall comply with the form of a brief as specified in Rule27.

(c)No separate brief. All contentionsin support of a petition for a writ of certiorari shall be set forth in thebody of the petition, as provided in subparagraph (a)(9) of this rule. Thepetitioner shall not file a separate brief in support of a petition for a writof certiorari. If the petition is granted, the petitioner will be notified ofthe date on which the brief in support of the merits of the case is due.

(d)Page limitation. The petition for awrit of certiorari shall be as short as possible, but may not exceed 20 pages,excluding the subject index, the table of authorities, any verbatim quotationsrequired by subparagraph (a)(7) of this rule, and the appendix.

(e)Absence of accuracy, brevity, andclarity. The failure of a petitioner to present with accuracy, brevity, andclarity whatever is essential to a ready and adequate understanding of thepoints requiring consideration will be a sufficient reason for denying thepetition.

 

 

EffectiveNovember 1, 2019