United States · Supreme Court
When must I oppose a Supreme Court mandamus or prohibition petition?
Under Supreme Court Rule 20.3(b), a party files any opposition brief to a mandamus or prohibition petition within 30 days after the petition is placed on the docket. The brief must comply fully with Rule 15. This is not an automatic response period for every habeas petition.
- Period
- 30 calendar days
- Trigger
- Mandamus or prohibition petition placed on the Supreme Court docket
- Rule
- Supreme Court Rule 20.3(b)
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Identify the petition as one seeking mandamus, prohibition or both under Rule 20.3.
Verify when it was placed on the Supreme Court docket rather than using petition service or lower-court judgment entry.
All persons served are respondents for this proceeding. A named respondent choosing not to respond may advise the Clerk and all other parties by letter.
Check actual Court directions and any allowed Rule 15 extension before relying on the default date.
Supreme Court Rule 20.3(b)How are the 30 days counted?
- Use the petition’s Supreme Court docketing date. Confirm that the petition seeks mandamus or prohibition, rather than treating every extraordinary writ alike.
- Exclude the established trigger day.
- Count 30 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 20.3(b) incorporates Rule 15 fully. Rule 15.3 permits an authorized extension of opposition time. The calculator does not treat an application or another party’s extension as a grant.
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 Supreme Court docketing of a mandamus petition on August 24, 2026. The respondent intends to oppose and no different schedule has been ordered. Exclude the established trigger day, August 24, 2026. Counting 30 calendar days reaches September 23, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Mandamus or prohibition petition placed on the Supreme Court docket | August 24, 2026 |
| Count | 30 calendar days | September 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?
- Habeas is separate
- Under Rule 20.4(b), noncapital habeas is ex parte unless the Court requires the respondent to show cause. Ordered or capital-case responses comply fully with Rule 15. Read the actual direction rather than automatically using this mandamus calculator.
- No-response letter
- A named respondent who does not wish to respond may advise the Clerk and all other parties by letter. The letter is not an opposition brief.
- Copies and Rule 15 requirements
- Rule 20.3(b) specifies forty copies and full compliance with Rule 15. Check applicable Rule 39 pauper procedure, service and any Rule 15 corporate disclosure obligation.
- Distribution and later briefing
- Rules 20.5–6 address distribution after the specified response, expiration or waiver branch and actual directions for additional briefs if argument is ordered. The thirty-day calculator does not predict distribution or merits briefing.
- 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 every original habeas petition create this thirty-day opposition time?
No. Rule 20.4(b) supplies the separate habeas framework, including ex parte noncapital proceedings unless the Court requires a response. Identify the actual response direction.
Supreme Court Rule 20.4(b)What if a named respondent does not wish to respond?
Rule 20.3(b) permits that respondent to advise the Clerk and all other parties by letter. It does not require an opposition brief from that respondent merely because this calculator displays a default period.
Supreme Court Rule 20.3(b)Do Rule 15 briefing requirements apply?
Yes. Rule 20.3(b) requires the opposition to comply fully with Rule 15. Check the applicable copies, service, disclosure and authorized extension requirements.
Supreme Court Rule 20.3(b)Computation 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 (11)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 20.3(b) | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 20.2 | The identified related procedural qualification |
| Supreme Court Rule 20.4(b) | The identified related procedural qualification |
| Supreme Court Rule 20.5–6 | The identified related procedural qualification |
| Supreme Court Rule 15.3 | 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 |