When is a civil petition for certiorari due under section 2101(c)?

The ordinary civil certiorari period under section 2101(c) is ninety days after entry of the judgment or decree. Supreme Court Rule 13 controls the qualifying judgment and rehearing trigger. Use entry rather than mandate issuance, and do not add a possible extension without a Justice’s actual grant.

Responsible actor. A party petitioning the Supreme Court for certiorari in the qualifying civil case.

Identify the qualifying court judgment. Rule 13.1 ordinarily measures from a United States court of appeals or state court of last resort judgment; for a lower state court subject to discretionary last-resort review, it identifies entry of the order denying that review.

Use entry of the judgment or qualifying order, not issuance of the mandate. Retain the actual docket entry and relevant court orders.

Under Rule 13.3, timely rehearing by any party, appropriately entertained untimely rehearing, or court-initiated rehearing can change the trigger for all parties. Use denial of rehearing or, if granted, subsequent judgment entry as appropriate.

A possible good-cause extension is not automatic. Preserve any actual Justice’s order, the named beneficiaries and its granted date instead of adding sixty days by default.

An ordinary civil certiorari petition within section 2101(c) and Supreme Court Rule 13. The judgment, any discretionary state review and qualifying rehearing facts must be established. Direct appeals, certiorari before judgment, cross-petition alternatives and granted extensions need separate treatment.

1. Identify the governing statutory branch and responsible actor.
2. Establish the operative event from the docket, service evidence or legally determined commencement.
3. Exclude the trigger date and apply only the supported ordinary period.
4. Check the last day, court-specific closures, filing method, orders and every separate controlling clock.

Under Supreme Court Rule 30.1, exclude the operative judgment or rehearing event date and count ninety calendar days, including intermediate weekends and holidays. Check Rule 13.3 before selecting that event.

Carry 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, to the next day outside those categories. Rule 30.1 has no state-holiday extension category. Verify actual Supreme Court closure orders.

Fictitious example

Assume qualifying civil court-of-appeals judgment entry July 6, 2026, no qualifying rehearing and no actual Justice’s extension.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Rehearing trigger

Rule 13.3 describes the qualifying rehearing events for all parties. The rule does not make every late rehearing request effective merely because it was submitted.

Actual extension required

Section 2101(c) and Rule 13.5 allow a Justice, for good cause, an extension not exceeding sixty days. The application ordinarily must arrive at least ten days before the petition is due, with extraordinary circumstances addressed by the rule.

Supreme Court closure rule

Rule 30.1 carries a Saturday, Sunday, listed federal holiday or Court-building closure ordered by the Court or Chief Justice. It contains no FRAP-style state-holiday limb.

Separate statutory routes

Section 2101(a)–(b) direct appeals and subsection (e) certiorari before judgment have different models. Rule 13.4 and Rule 12.5 address cross-petition alternatives separately.

Current electronic and paper filing requirements

The March 16, 2026 Rule 29.2(4) recognizes proper electronic submission by the final day, with required paper copies delivered or mailed through the stated methods within three days. Rule 29.7 separately requires represented filers to use the electronic system.

• An ordinary civil certiorari petition within section 2101(c) and Supreme Court Rule 13. The judgment, any discretionary state review and qualifying rehearing facts must be established. Direct appeals, certiorari before judgment, cross-petition alternatives and granted extensions need separate treatment.
• The ninety-day civil certiorari period is not the direct-appeal period. A potential extension and a cross-petition alternative do not automatically enlarge the ordinary petition date.

• Establish that ordinary civil certiorari, rather than direct appeal or before-judgment review, is the correct route.
• Retain the qualifying judgment or discretionary-review denial and its entry date.
• Identify every actual rehearing petition, its treatment and the operative denial or later judgment entry.
• Check any actual Justice’s extension order and named beneficiaries.
• Apply Supreme Court Rule 30.1, including ordered Court-building closures.
• Prepare the petition, required copies, accompanying papers and proof of service.
• Use an authorized Rule 29 filing method and preserve acceptance, mailing or carrier evidence.
• For electronic submission, complete required paper delivery or mailing within the stated three-day period.
• Supreme Court Rule 29.2 recognizes timely paper receipt, qualifying United States Postal Service mailing, qualifying commercial-carrier delivery, and proper electronic submission. Required paper copies after electronic submission must be delivered or mailed through the stated methods within three days. Rule 29.7 requires represented filers to submit electronically as well. Verify current guidelines, actual acceptance, service and any special inmate conditions. Do not treat an ordinary appellate electronic-filing midnight rule as the complete Supreme Court filing method.