United States · Supreme Court
When must an amicus supporting an original-action complaint file its brief?
Supreme Court Rule 37.2 requires an amicus supporting the plaintiff’s motion for leave to file a bill of complaint to file within 60 days after Supreme Court docketing. This time will not be extended. The separate advance-notice requirement also applies unless the rule’s early-filing exception is satisfied.
- Period
- 60 calendar days
- Trigger
- Original action placed on the Supreme Court docket
- Rule
- Supreme Court Rule 37.2
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Identify the original action’s actual Supreme Court docketing date.
Confirm that the amicus supports the plaintiff’s motion for leave to file a bill of complaint. A brief supporting the defendant follows the time allowed for opposition instead.
Counsel of record for every party must receive advance notice under Rule 37.2 unless the brief is filed earlier than ten days before its due date. Timely filing does not automatically prove timely notice.
Supreme Court Rule 37.2How are the 60 days counted?
- Use Supreme Court docketing. Receipt of the motion by a defendant starts a different opposition procedure.
- Exclude the established trigger day.
- Count 60 calendar days.
- Apply Rule 30.1 final-day adjustment.
- Complete the required filing by that date.
Supreme Court Rule 30.1 excludes the trigger day and includes every intermediate calendar day. For periods shorter than seven days it excludes intermediate closed days. Each fixed period reviewed here is at least seven days.
Rule 37.2 expressly makes the sixty-day filing time nonextendable. Do not add time because a defendant received the pleading later.
If the final day is Saturday, Sunday, a federal legal holiday listed in 5 U.S.C. 6103 or a Court-building closure ordered by the Court or Chief Justice, Rule 30.1 continues the period to the next day that is none of those. Check actual Court closure orders. The calculator does not infer additional closures.
Supreme Court Rule 30What does an ordinary calculation look like?
Fictitious example
Fictitious original-action docketing on August 24, 2026. The amicus supports the plaintiff’s motion for leave to file a bill of complaint. Exclude the established trigger day, August 24, 2026. Counting 60 calendar days reaches October 23, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Original action placed on the Supreme Court docket | August 24, 2026 |
| Count | 60 calendar days | October 23, 2026 |
Fictitious facts and dates. No different schedule, additional Court closure or extension is assumed.
Try these dates in the calculatorWhich qualifications can change the procedure?
- Separate advance notice
- Rule 37.2 requires all counsel of record to receive notice at least ten days before the brief’s due date unless the brief is filed earlier than ten days before that date. Preserve receipt evidence.
- Rule and Clerk guidance wording
- The May 2026 Clerk guide describes filing at least ten days before the due date as sufficient notice. The rule uses earlier than ten days. Do not assume filing exactly ten days before clearly satisfies the rule’s exception. Arrange timely actual notice or file more than ten days early.
- Attorney and brief requirements
- Rule 37.1 requires an attorney admitted to practice before the Court. Follow Rules 33.1 and 37.5–6 for the brief, service proof, compliance certificate and applicable disclosures.
- Different position or stage
- A brief supporting the defendant follows the opposition period under Rule 37.2. At the Special Master exceptions stage, Rule 37.3 supplies a different seven-day procedure.
- The calculator counts the encoded default period after an established trigger. It does not determine jurisdiction, party alignment or the effect of a particular order.
- Check the Court’s docket, actual directions and proof of the required act.
What should I check before completing the required act?
Common questions
The specific procedure
Does the defendant’s receipt start the amicus’s sixty days?
No. Rule 37.2 starts this supporting-amicus period when the case is placed on the docket. Rule 17.5 uses receipt for the defendant’s separate opposition.
Supreme Court Rule 37.2Does filing exactly ten days early clearly remove the need for separate notice?
The rule says earlier than ten days before the due date. The Clerk guide says at least ten days. Use the rule’s narrower exception or arrange actual timely notice to every required counsel.
Supreme Court Rule 37.2Can the amicus extend this filing period?
Rule 37.2 states that this time will not be extended. A request or another party’s later deadline does not supply extra time.
Supreme Court Rule 37.2Computation and service
Which closed days does the Supreme Court count?
Rule 30.1 uses Saturdays, Sundays, federal legal holidays listed in 5 U.S.C. 6103 and a Court-building closure ordered by the Court or Chief Justice. It does not import every state or DC holiday. Check actual Court closure orders.
Supreme Court Rule 30Does electronic Court filing complete the required service?
No. Rule 29.7 expressly says submission to the Court’s electronic system does not itself transmit the document to other parties. The March 2026 guidelines also distinguish automatic case notifications from formal service.
Supreme Court Rule 29.7Official sources and scope
Provisions used (13)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 37.2 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 37.1 | The identified related procedural qualification |
| Supreme Court Rule 37.3 | The identified related procedural qualification |
| Supreme Court Rule 37.5–6 | The identified related procedural qualification |
| Supreme Court Rule 17.5 | The identified related procedural qualification |
| Supreme Court Rule 33.1 | The identified related procedural qualification |
| Clerk’s amicus brief guide, May 2026 | The identified related procedural qualification |
| Supreme Court Rule 30.1 | The identified related procedural qualification |
| Supreme Court Rule 30 | Computation, closures and authorized extension procedure |
| Supreme Court Rule 29.1–3 | The identified related procedural qualification |
| Supreme Court Rule 29.2–3 | The identified related procedural qualification |
| Supreme Court Rule 29.7 | The identified related procedural qualification |
| Electronic Filing Guidelines, March 2026 | Current electronic requirements, exceptions and separate service |