United States · Supreme Court
When must an aligned respondent file a response supporting certiorari?
Under Supreme Court Rule 12.6, a respondent aligned with petitioner below who supports granting certiorari must file its response within 30 days after the case is docketed. This time will not be extended. Counsel must also ensure every party’s counsel receives notice within 20 days.
- Period
- 30 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?
Use Supreme Court docketing rather than judgment entry, petition filing or service.
Confirm both facts. The respondent was aligned with petitioner below, and it now supports granting the petition.
Separately calendar the 20-day requirement that every party’s counsel of record receive notice of the intended supporting brief. Timely notice does not replace the response.
Supreme Court Rule 12.6How are the 30 days counted?
- Confirm the Supreme Court docketing date and the respondent’s alignment and position.
- 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 12.6 prohibits extension of the special 30-day response time. It does not attach an automatic allowance because the petition was mailed.
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 was aligned with petitioner below and supports granting certiorari. 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?
- Different alignment or position
- A respondent not aligned with petitioner below who supports a grant, or one aligned below who seeks denial, is not subject to this notice requirement and may respond under Rule 15.3.
- Separate receipt of notice
- Counsel must ensure every party’s counsel of record receives notice of intent within 20 days after docketing. Filing a response within 30 days does not prove that notice requirement.
- Other petitioner schedules
- A respondent supporting petitioner ordinarily meets petitioner’s schedule for other documents. Rule 12.6 supplies this specific response exception.
- No-document parties
- Rule 12.6 states that parties filing no document will not qualify for relief from the Court. This guide does not determine the relief available in a particular case.
- 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 respondent supporting certiorari use this special time?
No. The exception requires alignment with petitioner below as well as support for a grant. Rule 12.6 places the stated alternative alignments and positions under Rule 15.3.
Supreme Court Rule 12.6Does sending the 20-day notice replace the response?
No. Receipt of notice by all counsel and filing the supporting response are separate requirements under Rule 12.6.
Supreme Court Rule 12.6Can the aligned respondent obtain more than the special 30 days?
Rule 12.6 expressly states that this time will not be extended. Check the applicable procedure before requesting relief under a different rule.
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 (9)
| 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 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 |