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United States · Federal appellate and Supreme Court procedure

When must a party file an ordinary Supreme Court certiorari petition?

Supreme Court Rule 13.1 ordinarily allows ninety days after entry of the relevant court-of-appeals or state-court-of-last-resort judgment. For a lower state-court judgment subject to discretionary review, it uses entry of the order denying that review. Rule 13.3 uses judgment entry rather than mandate issuance and separately addresses qualifying rehearing. Establish the actual review route before selecting the event.

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Read why no date is calculated
Period
90 days in the established statutory branch
Trigger
Entry of the qualifying judgment, or the qualifying state denial of discretionary review, subject to Rule 13.3 rehearing
Rule
Supreme Court Rule 13.1–5, effective March 16, 2026
Supreme Court Rule 13.1–5, effective March 16, 2026

The 2024 annual U.S. Code originals were retained October 8, 2026. Direct OLRC preliminary-page requests returned maintenance content, despite HTTP 200. Retained official search excerpts carry September 2026 currency labels but do not establish a newly acquired current consolidation or an exhaustive later-law clearance. This review states that acquisition limit explicitly. The Supreme Court’s current official Rules and revisions were retained directly. The Rules were adopted February 17, 2026 and effective March 16, 2026. The official revisions establish the current electronic-filing and paper-copy distinction. Earlier editions do not control that filing statement.

Source guide · No automated date

Check the applicable procedure

An ordinary certiorari petition uses a ninety-day period once the proper judgment or state review-denial event is established. Mandate issuance is a different act. This guide supplies no automatic date or paid calculation. Check qualifying rehearing, any law providing otherwise, actual granted relief and the Supreme Court’s calendar and filing methods before adopting a final petition date.

Supreme Court Rule 13.1–5, effective March 16, 2026

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When must a party file an ordinary Supreme Court certiorari petition?

Supreme Court Rule 13.1 ordinarily allows ninety days after entry of the relevant court-of-appeals or state-court-of-last-resort judgment. For a lower state-court judgment subject to discretionary review, it uses entry of the order denying that review. Rule 13.3 uses judgment entry rather than mandate issuance and separately addresses qualifying rehearing. Establish the actual review route before selecting the event.

Responsible actor. The party petitioning the Supreme Court for a writ of certiorari.

Identify the qualifying judgment or state discretionary-review denial and its entry.

Check the lower-court rehearing record and any actual extension granted to this petitioner.

Verify the Supreme Court calendar, filing method, required paper copies and separate service.

An ordinary certiorari petition uses a ninety-day period once the proper judgment or state review-denial event is established. Mandate issuance is a different act. This guide supplies no automatic date or paid calculation. Check qualifying rehearing, any law providing otherwise, actual granted relief and the Supreme Court’s calendar and filing methods before adopting a final petition date.

Supreme Court Rule 13.1–5, effective March 16, 2026

How does this provision count time?

  1. Identify the qualifying judgment or state discretionary-review denial and its entry.
  2. Check the lower-court rehearing record and any actual extension granted to this petitioner.
  3. Verify the Supreme Court calendar, filing method, required paper copies and separate service.
  4. Rule 30.1 excludes the operative entry day and includes the following ninety calendar days, with its own final-day adjustment. Rule 13.3 directs the count from entry rather than mandate. If qualifying rehearing occurred, identify the denial or subsequent judgment before counting. A state discretionary-review denial is a separate Rule 13.1 event, not the date counsel received the original judgment.
  5. Supreme Court Rule 30.1 carries a final Saturday, Sunday, federal legal holiday listed in 5 U.S.C. § 6103 or Court-building closure ordered by the Court or Chief Justice. Establish the actual Court order and federal holiday treatment. A state-court holiday does not itself establish a Supreme Court closed day.
  6. File with the Supreme Court Clerk under the applicable Rules 29, 33 and 34 requirements. Current Rule 29.2 recognizes qualifying paper receipt, USPS postmark, commercial-carrier delivery and proper electronic submission. Electronic submission requires the paper copies delivered or mailed by a specified method within three days. Rule 29.7 and the current guidelines govern electronic requirements and exceptions. Complete separate party service; electronic Court submission alone does not transmit the document to other parties.

Rule 30.1 excludes the operative entry day and includes the following ninety calendar days, with its own final-day adjustment. Rule 13.3 directs the count from entry rather than mandate. If qualifying rehearing occurred, identify the denial or subsequent judgment before counting. A state discretionary-review denial is a separate Rule 13.1 event, not the date counsel received the original judgment.

Supreme Court Rule 30.1 carries a final Saturday, Sunday, federal legal holiday listed in 5 U.S.C. § 6103 or Court-building closure ordered by the Court or Chief Justice. Establish the actual Court order and federal holiday treatment. A state-court holiday does not itself establish a Supreme Court closed day.

Supreme Court Rule 13.1–5, effective March 16, 2026

Which facts prevent one automatic date?

An ordinary certiorari petition uses a ninety-day period once the proper judgment or state review-denial event is established. Mandate issuance is a different act. This guide supplies no automatic date or paid calculation. Check qualifying rehearing, any law providing otherwise, actual granted relief and the Supreme Court’s calendar and filing methods before adopting a final petition date.

ResultRead the operative provision and establish the applicable branch.

Assume a qualifying judgment entered March 4, 2026 and no qualifying rehearing. Ninety raw calendar days begin March 5. This enumeration does not decide statutory jurisdiction, actual relief or filing completion. Confirm the actual Court calendar and filing method before adopting the final date.

Assume the qualifying judgment entered March 2, 2026. The ninetieth raw day is Sunday, May 31. Rule 30.1 excludes a final Sunday and requires checking the following days for federal holidays and actual Court-building closure. Establish any further closed days rather than treating the raw count as a released date.

A lower state judgment is subject to discretionary review, and the state court of last resort denies review later. Rule 13.1 identifies entry of the denial order for that branch. Receipt of the lower judgment and later mandate are different events. Establish the actual denial order and entry.

Counsel submits a petition electronically on the last allowed day. The March 2026 Rule 29.2(4) also requires paper copies through a specified method within three days, alongside applicable electronic rules and separate party service. Preserve both submission records and the required copies; upload alone does not prove every filing obligation.

Which conditions and exceptions apply?

Qualifying judgment and statutory review route
Rule 13.1 identifies the court-of-appeals, state-court-of-last-resort and state discretionary-review-denial branches, unless law otherwise provides. Verify the judgment and actual route.
Qualifying rehearing and mandate distinction
A timely rehearing petition by any party, appropriately entertained untimely petition or sua sponte rehearing can change the event under Rule 13.3. The mandate alone does not do so.
Supreme Court final-day calendar
Use Rule 30.1’s federal holiday and actual Court-building closure provisions. Do not import a lower court’s state holiday as an automatic Supreme Court adjustment.
Current filing method and separate service
Proper electronic submission under current Rule 29.2(4) must be followed by the required paper copies through a specified method within three days. Service remains separate under Rules 29.3 and 29.7.
Actually granted certiorari extension
A Justice may grant no more than sixty additional days for good cause under Rule 13.5. The application ordinarily must arrive at least ten days before the deadline and identify the parties seeking relief. A request or another party’s grant is not this petitioner’s extension.
Supreme Court Rule 13.1–5, effective March 16, 2026
  • An ordinary certiorari petition uses a ninety-day period once the proper judgment or state review-denial event is established. Mandate issuance is a different act. This guide supplies no automatic date or paid calculation. Check qualifying rehearing, any law providing otherwise, actual granted relief and the Supreme Court’s calendar and filing methods before adopting a final petition date.
  • The ordinary certiorari question identifies the initial judgment or state review-denial event. The separate rehearing question requires a qualifying lower-court rehearing event affecting that start. Both concern the same petition, so a party cannot add a second ninety-day period without Rule 13.3 facts.

What must the responsible actor complete?

Questions about this procedure

When must a party file an ordinary Supreme Court certiorari petition?

Does a certiorari petition run from the appellate mandate?

Rule 13.3 uses entry of the judgment or relevant order, not issuance of the mandate. Preserve both docket events and apply the one the rule identifies.

Supreme Court Rule 13.1–5, effective March 16, 2026

Which event applies after a state high court denies discretionary review?

Rule 13.1 uses entry of the order denying discretionary review of the lower state-court judgment. Establish that this is the relevant state review route.

Supreme Court Rule 13.1–5, effective March 16, 2026

Does another party’s lower-court rehearing petition matter for certiorari?

A qualifying Rule 13.3 rehearing event affects the period for all parties, including parties that did not request rehearing. Confirm timeliness or the rule’s other qualifying circumstances.

Supreme Court Rule 13.1–5, effective March 16, 2026

Does a state holiday automatically extend a Supreme Court petition?

Rule 30.1 identifies federal legal holidays and Court-building closure ordered by the Court or Chief Justice. A lower state court’s holiday does not itself establish the required Supreme Court closed day.

Supreme Court Rule 30.1–3, effective March 16, 2026

Can electronic submission establish timely Supreme Court filing in 2026?

Rule 29.2(4) recognizes proper electronic submission, with required paper copies delivered or mailed through a specified method within three days. Additional electronic requirements and separate service still apply.

Supreme Court Rule 29.2–3 and 29.7, effective March 16, 2026

Does requesting a certiorari extension add sixty days automatically?

No. Rule 13.5 permits an actual Justice’s good-cause grant within the sixty-day ceiling. Check the granted period and named parties rather than adding the maximum to every petition.

Supreme Court Rule 13.1–5, effective March 16, 2026

Official sources and review

Provisions used (4)
Provisions used in this guide
ProvisionPurpose
Supreme Court Rule 13.1–5, effective March 16, 2026Check the identified procedure, event, counting rule or qualification
28 U.S.C. § 2101, 2024 annual editionCheck the identified procedure, event, counting rule or qualification
Supreme Court Rule 29.2–3 and 29.7, effective March 16, 2026Check the identified procedure, event, counting rule or qualification
Supreme Court Rule 30.1–3, effective March 16, 2026Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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