Federal Judiciary United States Courts

Supreme Court Rules

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.

Back to top