What is a Cross Petition?

Any kind of litigation generally produces a clear winner and loser. While the winning party is elated at the outcome, the losing side always has the option of filing a petition for writ of certiorari to request an appellate authority to review the decision.

Similar to this, if a winning litigant is still disappointed with the judgment or desires a stricter or larger verdict, he can always file a cross petition for the same. Moreover, the respondent to a petition for certiorari also has the leeway to file a conditional cross petition that is conditional to the Supreme Court reversing the initial judgment following a certiorari writ.

Just like the petition for certiorari, there are strict rules and requirements for filing a cross petition. Following is a look at some of them:

• A cross petition can be filed to request review of the judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals.
• It should be filed with the Clerk of the Supreme Court within 90 days after entry of the judgment after which it will be considered jurisdictionally out of time.
• However, you can make an application for extending the time of filing and a Justice may extend the same for a period not exceeding 60 days.
• A conditional cross petition should be filed within 30 days after the petition has been placed on the docket. The time cannot be extended further.
• The docket fee for filing a cross petition is $300. However, a cross-petitioning respondent can submit a motion for leave to proceed in forma pauperis. In such cases, the fees is waived.
• The content requirements for a cross petition are similar to that of a petition for writ of certiorari. It should set out objections to the initial decision, including legal and factual arguments, and must be supported by references to applicable laws or regulations. However, the material that has already been reproduced in the appendix to the opening petition need not be reproduced again.
• In case of conditional cross petition, the cover should indicate clearly indicate that it is a conditional cross petition. 
• Just like the petition for certiorari, 40 copies of a cross petition should be prepared in the prescribed format and submitted to the Court. (only 10 copies if proceeding in forma pauperis)
• The cross-petitioner should serve a notice of the petition to all cross respondents. The Clerk will supply a form for the same and it includes the date of filing the cross petition, the date it was placed on the docket and the docket number of the cross petition.
• The cross petition should not be joined with any other pleading.

Keep in mind that in case a cross-petition for a writ of certiorari has been docketed, distribution of both petitions will be deferred until the cross-petition is due for distribution. Similarly, if the initial petition is denied, even the conditional cross petition will warrant the same verdict.

While complying with the writ format for a cross petition is imperative, the precise type of Supreme Court paper is not easily available. Petitioners and cross petitioners alike can turn to the Supreme Court Paper to access the exact type of required petition papers to fulfill the writ format requirements.

 

If you would like to add anything about the winning party's cross petition for writ of certiorari, please mention in the comments section below.

Source : articlesbase.com