October 1997

These instructions and forms are designed to assist petitioners who are proceeding in forma pauperis and without the assistance of counsel. A copy of the Rules of the Supreme Court, which establish the procedures that must be followed, is also enclosed. Be sure to read the following Rules carefully:

Rules 10-14 (Petitioning for certiorari)

Rule 29 (Filing and service on opposing party or counsel)

Rule 30 (Computation and extension of time)

Rules 33.2 and 34 (Preparing pleadings on 8 1/2x 11 inch paper)

Rule 39 (Proceedings in forma pauperis)

It is important to note that review in this Court by means of a writ of certiorari is not a matter of right, but of judicial discretion. The primary concern of the Supreme Court is not to correct errors in lower court decisions, but to decide cases presenting issues of importance beyond the particular facts and parties involved. The Court grants and hears argument in only about 1 % of the cases that are filed each Term. The vast majority of petitions are simply denied by the Court without comment or explanation. The denial of a petition for a writ of certiorari signifies only that the Court has chosen not to accept the case for review and does not an express the Court's view of the merits of the case.

Every petitioner for a writ of certiorari is advised to read carefully the Considerations Governing Review on Certiorari set forth in Rule 10. Important considerations for accepting a case for review include the existence of a conflict between the decision of which review is sought and a decision of another appellate court on the same issue. An important function of the Supreme Court is to resolve disagreements among lower courts about specific legal questions. Another consideration is the importance to the public of the issue.

You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing. The issuance of a mandate or remittitur after judgment has been entered has no bearing on the computation of time and does not extend the time for filing. See Rules 13.1 and 13.3. Filing in the Supreme Court means the actual receipt of

documents by the Clerk or their deposit in the United States mail, with first-class postage prepaid, on or before the final date allowed for filing. The U.S. postmark governs as to the date of filing. See Rule 29.2.

Unless you are an inmate confined in an institution and not represented by counsel, file:

-An original and ten copies of a motion for leave to proceed in forma pauperis and an original and 10 copies of an affidavit or declaration in support thereof. See Rule 39.

-An original and 10 copies of a petition for a writ of certiorari with an appendix consisting of a copy of the judgment or decree you are asking this Court to review including any order on rehearing; and copies of any opinions or orders by any courts or administrative agencies that have previously considered your case. See Rule 14.1(i).

-One affidavit or declaration showing that all opposing parties or their counsel have been served with a copy of the papers filed in this Court. See Rule 29.

If you are an inmate confined in an institution and not represented by counsel, you need file only the original of the motion for leave to proceed in forma pauperis, affidavit or declaration in support of the motion for leave to proceed in forma pauperis, the petition for a writ of certiorari, and proof of service.

The attached forms may be used for the original motion, affidavit or declaration, and petition, and should be stapled together in that order. The proof of service should be included as a detached sheet, and the form provided may be used.

The petition for a writ of certiorari may not exceed 40 pages excluding the pages that precede Page 1 of the form. The documents required to be contained in the appendix to the petition do not count toward the page limit. See Rule 33.2(b).

All documents to be filed in this Court must be addressed to the Clerk, Supreme Court of the United States, Washington, D.C. 20543 and must be served on opposing parties or their counsel in accordance with Rule 29.

D. Sign the motion on the signature line.

On the form provided, answer fully each of the questions. Unless each question is fully answered the Clerk will not accept the petition. The form must either be notarized or be in the form of a declaration. See 28 U.S.C. § 1746.

III. Cover Page - Rule 34

When you complete the form for the cover page:

B. Complete the case caption as you did on the motion for leave to proceed in forma pauperis.

D. Enter your name, address, and telephone number in the appropriate spaces.

On the page provided, enter the question or questions that you wish the Court to review. The questions must be concise. Questions presented in cases accepted for review are usually no longer than two or three sentences. The purpose of the question presented is to assist the Court in selecting cases. State the issue you wish the Court to decide clearly and without unnecessary detail.

On the page provided, check either the box indicating that the names of all parties appear in the caption of the case on the cover page or the box indicating that there are additional parties. If there are additional parties, list them. Rule 12.6 states that all parties to the proceeding whose judgment is sought to be reviewed shall be deemed parties in this Court, and that all parties other than petitioner shall be respondents. The court whose judgment you seek to have this Court review is not a party.

On the page provided, list the page numbers on which the required portions of the petition appear. Number the pages consecutively, beginning with the "Opinions Below" page as page 1.

List the description of each document that is included in the appendix beside the appropriate appendix letter. Mark the bottom of the first page of each appendix with the appropriate designation, e.g., "Appendix A." See Rule 14.1 pertaining to the items to be included in the appendix

B. State Courts

On the page provided, list the cases, statutes, treatises, and articles that you reference in your petition, and the page number of your petition where each authority appears.

In the space provided, indicate whether the opinions of the lower courts in your case have been published, and if so, the citation for the opinion below. For example, opinions of the United States courts of appeals are published in the Federal Reporter. If the opinion in your case appears at page 100 of volume 30 of the Federal Reporter, Third Series, indicate that the opinion is reported at 30 F.3d 100. If the opinion has been designated for publication but has not yet been published, check the appropriate space. Also indicate where in the appendix each decision, reported or unreported, appears.

The purpose of the jurisdiction section of the petition is to establish the statutory source for the Court's jurisdiction and the dates that determine whether the petition is timely filed. The form sets out the pertinent statutes for federal and state cases. You need provide only the dates of the lower court decisions that establish the timeliness of the petition for a writ of certiorari. If an extension of time within which to file the petition for a writ of certiorari was granted, you must provide the requested information pertaining to the extension. If you seek to have the Court review a decision of a state court, you must provide the date the highest state court decided your case, either by ruling on the merits or denying discretionary review.

Set out verbatim the constitutional provisions, treaties, statutes, ordinances and regulations involved in the case. If the provisions involved are lengthy, provide their citation and indicate where in the Appendix to the petition the text of the provisions appears.

Provide a concise statement of the case containing the facts material to the consideration of the question(s) presented; you should summarize the relevant facts of the case and the proceedings that took place in the lower courts. You may need to attach additional pages, but the statement should be concise and limited to the relevant facts of the case.

The purpose of this section of the petition is to explain to the Court why it should grant certiorari.

It is important to read Rule 10 and address what compelling reasons exist for the exercise of the Court's discretionary jurisdiction. Try to show not only why the decision of the lower court may be erroneous, but the national importance of having the Supreme Court decide the question involved. It is important to show whether the decision of the court that decided your case is in conflict with the decisions of another appellate court; the importance of the case not only to you but to others similarly situated; and the ways the decision of the lower court in your case was erroneous. You will need to attach additional pages, but the reasons should be as concise as possible, consistent with the purpose of this section of the petition.

Enter your name and the date that you submit the petition.

You must serve a copy of your petition on counsel for respondent(s) as required by Rule 29. If you serve the petition by first-class mail, you may use the enclosed proof of service form. If the United States or any department, office, agency, officer, or employee thereof is a party, you must serve the Solicitor General of the United States, Room 5614, Department of Justice, 10th and Constitution Ave., N.W., Washington, D.C. 20530. The lower courts that ruled on your case are not parties and need not be served with a copy of the petition. The proof of service may be in the form of a declaration pursuant to 28 U.S.C. § 1746.

No.____________________

____________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1997

____________________

____________________- PETITIONER

(Your Name)

____________________- RESPONDENT(S)

MOTION FOR LEAVE TO PROCEED IN FORMA PA UPERIS

The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis.

[ ] Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s):

__________________________________________________________________________________

__________________________________________________________________________________

[ ] Petitioner has not previously been granted leave to proceed in forma pauperis in any other court.

Petitioner's affidavit or declaration in support of this motion is attached hereto.

_____________________

(Signature)

I, ____________________, am the petitioner in the above-entitled case. In support of my motion to proceed without being required to prepay fees, costs or give security therefor, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress.

I further swear that the responses I have made to the questions and instructions below relating to my ability to pay the cost of proceeding in this Court are true.

1 . Are you presently employed? Yes___ No___

2. Have you received within the past twelve months any income from a business, profession or

other form of self-employment, or in the form of rent payments, interest, dividends, or other

sources? Yes___ No___

3. Do you own any cash or have a checking or savings account? Yes___ No___

4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property

(excluding ordinary household furnishings and clothing) Yes___ No___

5. List the persons who are dependent upon you for support and state your relationship to

those persons.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________________, 19___.

____________________

(Signature)

No. ____________________

____________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1997

____________________

____________________- PETITIONER

(Your Name)

____________________- RESPONDENT(S)

ON PETT1TION FOR A WRIT OF CERTIORARI TO

____________________________________________________________

(NAME OF COURT THAT LAST RULED ON MERITS OF YOUR CASE)

PETITION FOR WRIT OF CERTIORARI

________________________________________

(Your Name)

________________________________________

(Address)

________________________________________

(City, State, Zip Code)

________________________________________

(Phone Number)

[ ] All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows:

OPINIONS BELOW …………………………………………………………………………………………….1

JURISDICTION ………………………………………………………………………………………………..__

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED ...........................…………………...__

STATEMENT OF T14E CASE .............................................................................…………………………….__

REASONS FOR GRANTING THE WRIT ............................................………………………………………__

CONCLUSION ...................................................................................………………………………………....__

APPENDIX A

APPENDIX B

APPENDIX C

APPENDIX D

APPENDIX E

APPENDIX F

CASES PAGE NUMBER

STATUTES AND RULES

OTHER

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1997

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

[ ] For cases from federal courts:

The opinion of the United States court of appeals appears at Appendix ___ to the petition

and is

The opinion of the United States district court appears at Appendix ___ to the petition and is

[ ] reported at ____________________; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

For cases from state courts:

The opinion of the highest state court to review the merits appears at Appendix ___ to the petition and is

[ ] reported at ____________________; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

The opinion of the ____________________court appears at Appendix ___ to the petition and is

[ ] reported at ____________________; or,

[ ] has been designated for publication but is not yet reported; or,

[ ] is unpublished.

[ ] For cases from federal courts:

[ ] For cases from state courts:

The petition for a writ of certiorari should be granted.

Respectfully submitted,

____________________

Date: ______________

No. ____________________

____________________

IN THE

SUPREME COURT OF THE UNITED STATES

OCTOBER TERM, 1997

____________________

____________________- PETITIONER

(Your Name)

____________________- RESPONDENT(S)

I, ____________________, do swear or declare that on this date, ____________________, 19 _____, as required by Supreme Court Rule 29 1 have served the enclosed MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS and PETITION FOR A WRIT OF CERTIORARI on each party to the above proceeding or that party's counsel, and on every other person required to be served, by depositing an envelope containing the above documents in the United States mail properly addressed to each of them and with first-class postage prepaid

The names and addresses of those served are as follows:

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

I declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________________, 19_____

____________________

(Signature)