In re Pierce

Background

On May 17, 1948, after rehearing was denied, the Court issued an order amending paragraph 3 of Rule 38 and paragraph 2 of Rule 41 of the Court’s Rules. The order requires the person who files a petition to serve notice, a copy of the petition, the printed record, and any supporting brief on the opposing side within ten days unless the Court or a Justice extends the time. If the United States or one of its agencies is the opposing party, the petition and related papers must be served on the Solicitor General in Washington, D. C. The order also states that counsel for the respondent has thirty days to file forty printed copies of an opposing brief, and that the brief must show the name of a member of this Court’s bar at the time of filing.

Reasoning

The Court’s action is procedural: it sets clear time limits and formal filing requirements for petitions and responses. The revised Rule 41 paragraph explains that respondents may file opposing briefs within thirty days after service, and that when that period ends, or when a respondent expressly waives the right to file or files earlier, the clerk will distribute the petition, briefs, and record to the Court for its consideration. The amended text preserves the possibility that the Court or a Justice may enlarge the time for service or filing.

Real world impact

The amendments change how quickly and in what form lawyers must serve and file papers in cases brought to the Court. Attorneys and parties must follow the ten-day service rule and the thirty-day briefing timetable, prepare forty printed copies that conform to the Court’s formatting rules, and list a current member of the Court’s bar on briefs. When the United States is a party, the Solicitor General must be served. These changes are procedural and govern how cases are prepared and sent to the Court for review.