United States · Supreme Court
When must I file a brief opposing certiorari?
Supreme Court Rule 15.3 ordinarily requires any brief in opposition within 30 days after the case is placed on the docket. An authorized extension can change the time. A response is generally optional, with capital-case, Court-request and specified corporate-response requirements.
- Period
- 30 calendar days
- Trigger
- Case placed on the Supreme Court docket
- Rule
- Supreme Court Rule 15.3
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Find the date the case was placed on the Supreme Court docket. Do not substitute petition service or lower-court judgment entry.
Read any Court request and the docket’s stated response date. Rule 15.3 allows extension by the Court, a Justice or the Clerk under Rule 30.4.
Determine whether a brief, waiver or particular corporate disclosure is required. An optional response does not make a filed brief exempt from timing and form.
Supreme Court Rule 15.3How are the 30 days counted?
- Use Supreme Court docketing, then check any Court, Justice or authorized Clerk extension.
- 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.
An extension request does not itself establish the new filing date. Use the actual authorized extension and docket direction.
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 on August 24, 2026. The respondent files a brief in opposition under the ordinary 30-day schedule, without an extension. 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 | Case 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?
- Mandatory responses
- Rule 15.1 makes a brief in opposition mandatory in a capital case or when requested by the Court.
- Specified corporate respondent
- Rule 15.9 requires a brief or waiver from a nongovernmental corporate respondent with a parent corporation or qualifying ten-percent publicly held corporate ownership. Include Rule 29.6 information.
- Copies and format
- Rule 15.3 generally requires 40 copies. In-forma-pauperis circumstances have different format and copy requirements. Check the petitioner’s status as well as the respondent’s.
- Jurisdiction and issues
- Rule 15.4 prohibits a separate respondent motion to dismiss a certiorari petition. Put jurisdictional objections in the opposition. Rule 15.2 addresses misstatements, preservation, parties and related cases.
- Distribution is separate
- Rule 15.5 describes Clerk distribution and a waivable waiting period following a timely opposition. It does not guarantee an exact consideration date or delay distribution for a reply.
- 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
Must every respondent file an opposition?
Rule 15.1 generally permits an opposition without requiring it, except capital cases and Court requests. Check the separate corporate requirement described below.
Supreme Court Rule 15.1Can the Clerk extend the ordinary opposition period?
Rule 15.3 permits an extension by the Court, a Justice or the Clerk under Rule 30.4. Confirm the actual extension rather than treating a request as granted.
Supreme Court Rule 30.4May I file a motion to dismiss the certiorari petition instead?
Rule 15.4 prohibits that respondent motion. Include objections to the Court’s jurisdiction in the brief in opposition.
Supreme Court Rule 15.4Does a qualifying corporate respondent’s waiver avoid disclosure?
No. Rule 15.9 requires the brief or waiver to include the Rule 29.6 information. It also requires omitted-party information in the specified waiver.
Supreme Court Rule 15.9Computation 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 (12)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 15.3 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 15.1 | The identified related procedural qualification |
| Supreme Court Rule 15.2–3 | The identified related procedural qualification |
| Supreme Court Rule 15.4–6 | The identified related procedural qualification |
| Supreme Court Rule 15.9 | The identified related procedural qualification |
| Supreme Court Rule 30.4 | 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 |