B. The occasion for petitioning for rehearing. Rehearing after decision on the merits.. Petition for rehearing after denial of certiorari. C. The response to a petition for rehearing....... 9. (a) Petition for leave to proceed in forma pauperis...... (b) Affidavit in support of petition for leave to pro- 10. (a) Motion for leave to file petition for rehearing. (b) Petition for rehearing of order denying certiorari 1. Original case-complaint and motion for leave to file The object of this book is to tell lawyers what they will need to know in order to handle a case in the United States Supreme Court. At the beginning the lawyer must know whether his case is one which the Court can, or may be willing to, review. To meet this need, the book opens with an analysis of the jurisdictional statutes and their meaning and the principles which guide the Court's discretion in determining what cases it will hear. The two principal methods of bringing cases to the Supreme Court-certiorari and appeal—are then set out in detail. The procedure in cases coming to the Court by certificate and cases within the Court's original jurisdiction-both original cases and extraordinary writs-is also described. Chapters on briefing and oral argument deal with the formal requirements of the Rules and with the technique of advocacy which is believed to be most effective in the Supreme Court. Procedure in rehearings, motions, admissions to the bar, abatement and mootness are also discussed. Forms and the pertinent statutes and rules are appended. Although the book endeavors to set out in full the principles of jurisdiction and the procedure to be followed in the Supreme Court, it is not a treatise which exhausts all the cases on Supreme Court jurisdiction and procedure. But it does contain a sufficiently detailed statement, with citations to leading and recent authorities, to keep most lawyers out of trouble. If a difficult problem arises, the authorities cited will serve as leads to further research. The most useful treatise on Supreme Court jurisdiction is Robertson and Kirkham, Jurisdiction of the Supreme Court of the United States (1936), second edition now being prepared,1 and the most useful research aids are the U. S. Su 1 The new edition will appear as Robertson and Kirkham, Jurisdiction of the Supreme Court of the United States (Wolfson and Kurland edition). |