United States · Supreme Court
When must I file a conditional cross-petition for certiorari?
Supreme Court Rule 12.5 gives a respondent 30 days after the original case is placed on the docket to file a conditional cross-petition. This time will not be extended. Rule 13.4 separately limits consideration when the cross-petition would otherwise be untimely.
- Period
- 30 calendar days
- Trigger
- Original case placed on the Supreme Court docket
- Rule
- Supreme Court Rule 12.5
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Establish when the original case was placed on the Supreme Court docket. A petition’s filing or service date is not necessarily its docketing date.
Confirm that a respondent seeks to cross-petition to review the judgment addressed by the original petition. The petition must comply in all respects with Rule 14.
Rule 13.4 makes consideration of an otherwise untimely conditional cross-petition depend on granting the original petition. It does not make docketing a grant of review.
Supreme Court Rule 12.5How are the 30 days counted?
- Use the original case’s Supreme Court docketing date, not the lower-court judgment or petition-service date.
- 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 12.5 expressly makes this time nonextendable. Neither requesting relief nor another party’s extension establishes extra time.
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-case docketing on August 24, 2026. The respondent seeks conditional review of the same judgment under Rule 12.5. 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 | Original 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?
- Conditional consideration
- An otherwise untimely conditional cross-petition will not be granted unless the original petition is granted under Rule 13.4.
- Required format and fee
- Comply with Rule 14, file the required copies and pay the docket fee or submit the appropriate in-forma-pauperis motion. Identify the paper clearly as a conditional cross-petition.
- Separate petition
- Rule 12.5 prohibits joining the cross-petition with another pleading, except the attached in-forma-pauperis motion.
- Prompt notice
- After docketing the cross-petition, promptly notify all cross-respondents of filing, docketing and the docket number on the Clerk’s form. Serve that notice under Rule 29.
- 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 lower-court judgment start these 30 days?
No. Rule 12.5 uses the date the original case is placed on the Supreme Court docket. The ordinary petition’s judgment-based period is separate.
Supreme Court Rule 12.5Can this conditional filing period be extended?
Rule 12.5 expressly states that the time to file a conditional cross-petition will not be extended.
Supreme Court Rule 12.5Does timely conditional filing guarantee consideration if the original petition is denied?
No. Rule 13.4 states that an otherwise untimely conditional cross-petition will not be granted unless the original petition is granted.
Supreme Court Rule 13.4Computation 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 (10)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 12.5 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 12.5 continuation | The identified related procedural qualification |
| Supreme Court Rule 13.4 | The identified related procedural qualification |
| Supreme Court Rule 14 | 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 |