United States · Supreme Court
When should I file a Supreme Court certiorari extension application?
Supreme Court Rules 13.5 and 30.2 ordinarily require a certiorari extension application at least ten days before the established petition due date. Rule 30.2 also requires filing within the period sought to be extended. Later filing requires the stated extraordinary circumstances. A request does not extend the petition period.
- Period
- At least ten days before the established petition due date, subject to the stated extraordinary-circumstances limits
- Trigger
- The correctly established final petition filing date
- Rule
- Supreme Court Rule 13.5
Adopted February 17, 2026, effective March 16, 2026
Source guide · No automated date
Establish the petition due date and application conditions
The isolated ten-day preset cannot establish the petition due date, exceptional relief or backward closed-day treatment. This source guide supplies no computed date or paid calculation record.
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Which events must I establish?
Establish the final petition due date from the applicable law, correct judgment or order and any qualifying rehearing disposition.
Rule 13.3 uses judgment or order entry rather than mandate issue. Qualifying rehearing affects all parties under its stated conditions.
Read any actual extension order and its named parties. Filing an application does not create an extension.
Identify the individual Justice and the actual application filing event. Confirm the correct circuit allocation under Rule 22.3.
Supreme Court Rule 13.5Why is a single period insufficient?
- Establish the operative petition filing date under the applicable law and Court rules.
- Identify all parties for whom extension relief is requested.
- Check the ordinary ten-day advance requirement and the within-period requirement together.
- Preserve the facts for any asserted extraordinary circumstances without presuming they suffice.
- File and separately serve the application, then read the actual disposition.
The advance-filing requirement uses the correctly established final petition date. Rule 13.5 states an extraordinary-circumstances exception. Rule 30.2 says an application filed less than ten days before the final date will not be granted except in the most extraordinary circumstances and still requires filing within the period sought to be extended. An isolated backward preset cannot establish these facts or relief.
A petition due date depends on the applicable law and Rule 13 trigger. Judgment or order entry, qualifying rehearing and actual granted relief must be distinguished from mandate issue. This review does not establish current statutory eligibility or verify an entered petition due date.
Rule 30.1 excludes the starting day and states a next-open-day rule for a final closed day. It does not expressly specify backward-counting treatment. Do not move an application date later if that reduces the required advance interval. Confirm actual timing and filing availability with the Clerk rather than treating a projected date as permission.
Supreme Court Rule 13.5Why is no automated date shown?
No automated backward date is published. An entered due date does not prove petition timeliness, exceptional relief or an actual Justice grant. Closed-day treatment remains an identified procedural check.
Which qualifications change the procedure?
- Advance timing and within-period filing
- Rules 13.5 and 30.2 ordinarily require at least ten days of advance filing. Rule 30.2 additionally requires filing within the period sought to be extended. The extraordinary-circumstances language is not guaranteed permission for late filing.
- Good cause and supporting documents
- Rule 13.5 requires the jurisdictional basis, identified judgment, opinion and any rehearing order, plus specific reasons supporting relief. Applications are not favored.
- Named parties only
- Identify every party seeking relief. Any granted extension applies solely to the parties named in the application.
- Individual Justice and denial
- Rule 30.3 directs this application to an individual Justice using Rule 22 presentation and service. Once denied, it may not be renewed.
- Actual grant and amount
- Rule 13.5 permits a Justice to grant up to sixty days for good cause. Neither the maximum nor a pending request establishes the granted petition due date.
- This source guide does not infer triggering facts, an extension or the effect of a particular direction.
- It provides no computed date or paid calculation record.
What should I check before completing the act?
Common questions
The specific procedure
Does filing the application extend the petition deadline?
No. Rule 13.5 authorizes discretionary relief from a Justice for good cause. Read the actual grant and named parties.
Supreme Court Rule 13.5Can I assume extraordinary circumstances excuse later filing?
No. Rule 30.2 uses the most extraordinary circumstances for an application filed less than ten days before the final date and also requires filing within the period sought to be extended.
Supreme Court Rule 30.2Can I move a backward application date to the next open day?
Do not assume that treatment preserves the required advance interval. Rule 30.1 does not expressly specify a backward-counting method. Confirm actual filing availability and timing.
Supreme Court Rule 30.1Can I renew a denied certiorari extension application?
Rule 30.3 says the application may not be renewed once denied.
Supreme Court Rule 30.3Official sources and scope
Provisions used (13)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 13.5 | The specific events, requirements and completion boundary |
| Supreme Court Rule 13.1–3 | The identified procedural qualification |
| Supreme Court Rule 13.3–5 | The identified procedural qualification |
| Supreme Court Rule 22.1–2 | The identified procedural qualification |
| Supreme Court Rule 22.3–4 | The identified procedural qualification |
| Supreme Court Rule 30.2–3 | The identified procedural qualification |
| Supreme Court Rule 33.2 | The identified procedural qualification |
| Supreme Court Rule 30.1 | The identified procedural qualification |
| Supreme Court Rule 30 | Computation and authorized changes |
| Supreme Court Rule 29.1–3 | The identified procedural qualification |
| Supreme Court Rule 29.2–3 | The identified procedural qualification |
| Supreme Court Rule 29.7 | The identified procedural qualification |
| Electronic Filing Guidelines, March 2026 | Current electronic requirements, exceptions and separate service |