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Errors in a Petition to the Supreme Court

by merlin on September 5th, 2013
  • Sumo

Before I even began my own Petition for the Writ of Certiorari, and because of the incredible difficulty I have faced in getting the cooperation and assistance of any other person for a pro bono situation such as this (it is something that I, personally, found worthwhile, but there isn’t much money to fuel this work at all) who has any experience with practice before the Supreme Court of the United States, I first located the specific grounds to correct a Petition if there are errors.  Face it – there will be errors!

I have always found that I achieve my best when I fail at something initially, and learn from it to do it again.  This is no different, and the following are the rules of the Supreme Court that permit a flawed application to be corrected (provided it was initially submitted in a timely fashion and in good faith):

Rule 14(5) of the Rules of the Supreme Court of the United States reads as follows:

“5. If the Clerk determines that a petition submitted timely and in good faith is in a form that does not comply with this Rule or with Rule 33 or Rule 34, the Clerk will return it with a letter indicating the deficiency.  A corrected petition submitted in accordance with Rule 29.2 no more than 60 days after the date of the Clerk’s letter will be deemed timely.”

Again, this is a new experience to me, and I am providing this record of the steps I have taken for the reference of any and all readers, as either a roadmap to failure or success.

 

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