United States · Supreme Court
When must counsel receive notice of a supporting certiorari response?
Supreme Court Rule 12.6 requires counsel for the aligned respondent supporting certiorari to ensure all parties’ counsel of record receive notice within 20 days after docketing. Dispatch alone is insufficient. The supporting response has a separate, nonextendable 30-day filing period.
- Period
- 20 calendar days
- Trigger
- Case placed on the Supreme Court docket
- Rule
- Supreme Court Rule 12.6
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Confirm when the case was docketed in the Supreme Court.
Confirm that the respondent was aligned with petitioner below and now supports granting the petition.
Identify counsel of record for every party and obtain evidence that each received the notice. Do not substitute a Court-upload timestamp or a mailing date.
Supreme Court Rule 12.6How are the 20 days counted?
- Use actual Supreme Court docketing. Arrange receipt by every required counsel, not merely dispatch.
- Exclude the established trigger day.
- Count 20 calendar days.
- Apply Rule 30.1 final-day adjustment.
- Complete the required receipt of notice 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.
Count from docketing to the Rule 30.1-adjusted final day. Counsel must arrange actual receipt by then. The calculator does not calculate delivery lead time or prove receipt.
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 25, 2026. An aligned respondent intends to support granting the petition and must arrange receipt by every party’s counsel. Exclude the established trigger day, August 25, 2026. Counting 20 calendar days reaches September 14, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Case placed on the Supreme Court docket | August 25, 2026 |
| Count | 20 calendar days | September 14, 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?
- Other respondent positions
- Rule 12.6 exempts the specified unaligned supporting respondent and aligned respondent seeking denial from this notice requirement. Check both alignment and position.
- Every required recipient
- Receipt by one counsel does not establish receipt by all parties’ counsel of record. Preserve the complete recipient list and evidence.
- Separate response
- The supporting response remains due within the separate nonextendable 30-day docket-based period. Notice does not replace it.
- 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
Is mailing the notice on the final day enough?
Rule 12.6 requires counsel to ensure all parties’ counsel of record receive notice within the period. A mailing date alone does not prove that act.
Supreme Court Rule 12.6Does uploading the notice to the Court prove receipt by all counsel?
No. Rule 29.7 states that electronic Court submission does not itself transmit the document to other parties. Establish each required recipient’s receipt.
Supreme Court Rule 29.7Can I wait until the 30-day response date to give notice?
The rule specifies receipt within 20 days and filing of the supporting response within 30 days. Treat those as separate acts.
Supreme Court Rule 12.6Computation 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 (8)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 12.6 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 12.6 continuation | 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 |