The losing side in any legal case is bound to feel a little disgruntled and shortchanged. In case of severe dissatisfaction with the ruling, the United States laws give the litigant a chance to approach the Supreme Court for a review.
However, filing this petition for writ of certiorari is an elaborate and tedious process. And merely preparing and filing the certiorari writ with the Supreme Court is not sufficient. The petitioner also has to serve a copy of the legal document to the opposing (erstwhile winning) party or their representatives.
Indeed, the Supreme Court expressly requires that 3 copies of all the papers of the petition should be served on each party that is separately represented in the proceedings. If the petitioner is proceeding in forma pauperis, serving a single copy to each separately represented party will suffice.
Appellate Rule 21 governs the service of the petition for writ of certiorari. The salient features are outlined below.
Whom to serve:
- If the opposing parties are represented by an attorney, the petition copies should be served to the counsel of record at the proper address.
- In case a party is not represented by counsel, service shall be made on the party at the last known address.
- If the United States or any federal department, office, agency, officer or employee thereof forms an opposing party, service shall be made on the Solicitor General of the United States.
- If the agency, officer or employee is authorized by law to appear before the Supreme Court on its own behalf, the agency, officer or employee shall also be served in addition to the Solicitor General.
- If the petition draws an Act of Congress into question and the United States or any federal department, office, agency, officer or employee thereof does not form an opposing party, service shall still be made on the Solicitor General of the United States.
- If the petition draws the constitutionality of any statute of a State into question, and the State or any agency, officer or employee thereof does not form an opposing party, service shall be made on the Attorney General of that State.
How to serve:
The copies of the petition can be served –
- Personally – Delivered at the office of the counsel of record, either to the counsel or to an employee therein.
- By mail – Deposited with the United States Postal Service with no less than first-class postage prepaid.
- By third-party commercial carrier - Delivered to the carrier for delivery within 3 calendar days.
An electronic version of the petition for writ of certiorari should also be transmitted to all other parties at the time of filing or reasonably contemporaneous therewith. This requirement is waived in case:
- The petitioner is proceeding pro se and in forma pauperis
- The electronic service address of the party being served is unknown and not identifiable through reasonable efforts.
Simply serving the certiorari writ is not sufficient. The petitioner has to also file a 'Certificate of Service' along with the petition for writ of certiorari. This document expressly details when and how the parties on the other side were served along with the names and addresses of the parties that were served. The Supreme Court will not read or act on the certiorari writ until it receives a legal declaration of the service!
If you would like to add anything about serving copies of the petition for writ of certiorari, please mention in the comments section below.
<!--[if gte mso 9]><xml> Normal0falsefalsefalseEN-USX-NONEX-NONE </xml><![endif]-->The losing side in any legal case is bound to feel a little disgruntled and shortchanged. In case of severe dissatisfaction with the ruling, the United States laws give the litigant a chance to approach the Supreme Court for a review.
However, filing this petition for writ of certiorari is an elaborate and tedious process. And merely preparing and filing the certiorari writ with the Supreme Court is not sufficient. The petitioner also has to serve a copy of the legal document to the opposing (erstwhile winning) party or their representatives.
Indeed, the Supreme Court expressly requires that 3 copies of all the papers of the petition should be served on each party that is separately represented in the proceedings. If the petitioner is proceeding in forma pauperis, serving a single copy to each separately represented party will suffice.
Appellate Rule 21 governs the service of the petition for writ of certiorari. The salient features are outlined below.
Whom to serve:
· If the opposing parties are represented by an attorney, the petition copies should be served to the counsel of record at the proper address.
· In case a party is not represented by counsel, service shall be made on the party at the last known address.
· If the United States or any federal department, office, agency, officer or employee thereof forms an opposing party, service shall be made on the Solicitor General of the United States.
· If the agency, officer or employee is authorized by law to appear before the Supreme Court on its own behalf, the agency, officer or employee shall also be served in addition to the Solicitor General.
· If the petition draws an Act of Congress into question and the United States or any federal department, office, agency, officer or employee thereof does not form an opposing party, service shall still be made on the Solicitor General of the United States.
· If the petition draws the constitutionality of any statute of a State into question, and the State or any agency, officer or employee thereof does not form an opposing party, service shall be made on the Attorney General of that State.
How to serve:
The copies of the petition can be served –
· Personally – Delivered at the office of the counsel of record, either to the counsel or to an employee therein.
· By mail – Deposited with the United States Postal Service with no less than first-class postage prepaid.
· By third-party commercial carrier - Delivered to the carrier for delivery within 3 calendar days.
An electronic version of the petition for writ of certiorari should also be transmitted to all other parties at the time of filing or reasonably contemporaneous therewith. This requirement is waived in case:
· The petitioner is proceeding pro se and in forma pauperis
· The electronic service address of the party being served is unknown and not identifiable through reasonable efforts.
Simply serving the certiorari writ is not sufficient. The petitioner has to also file a 'Certificate of Service' along with the petition for writ of certiorari. This document expressly details when and how the parties on the other side were served along with the names and addresses of the parties that were served. The Supreme Court will not read or act on the certiorari writ until it receives a legal declaration of the service!
If you would like to add anything about serving copies of the petition for writ of certiorari, please mention in the comments section below.
<!--[if gte mso 9]><xml> </xml><![endif]--><!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:6.0pt; mso-para-margin-right:0in; mso-para-margin-bottom:0in; mso-para-margin-left:0in; mso-para-margin-bottom:.0001pt; text-align:center; line-height:150%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-ansi-language:EN-IN;} </style>Source : articlesbase.com
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