United States · Supreme Court
When must I oppose leave to file an original-action complaint?
Supreme Court Rule 17.5 requires any adverse-party brief opposing leave to file in an original action no more than 60 days after receiving the motion and initial pleading. Use receipt rather than docketing. Check the actual schedule, required copies and proof of service.
- Period
- 60 calendar days
- Trigger
- Receipt of the motion for leave and initial pleading
- Rule
- Supreme Court Rule 17.5
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Identify the motion seeking leave and its accompanying initial pleading in an original action.
Establish the adverse party’s receipt of those papers. Docketing under Rule 17.4 and incoming receipt are distinct events.
Read the actual Court directions and any authorized timing change. This guide does not determine original-jurisdiction eligibility.
Supreme Court Rule 17.5How are the 60 days counted?
- Establish receipt of both the leave motion and the initial pleading. Do not substitute Supreme Court docketing.
- Exclude the established trigger day.
- Count 60 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.
Count from established receipt of both papers. The Court’s docketing date starts a different supporting-amicus period and does not establish this receipt event.
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 receipt of the leave motion and initial pleading on August 24, 2026. The adverse party files an opposition under the ordinary Rule 17.5 schedule. Exclude the established trigger day, August 24, 2026. Counting 60 calendar days reaches October 23, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Receipt of the motion for leave and initial pleading | August 24, 2026 |
| Count | 60 calendar days | October 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?
- Original jurisdiction
- Rule 17.1 limits this procedure to an original-jurisdiction action. An extraordinary writ aiding appellate jurisdiction uses Rule 20 instead.
- Copies and service proof
- Rule 17.5 specifies forty opposition copies with Rule 29 proof of service. Filing without proof does not establish compliance.
- State recipient
- Rule 17.3 requires service on both Governor and Attorney General when the adverse party is a State. Check the actual required recipients.
- Distribution and reply
- Rule 17.5 describes waiver, expiration and a minimum ten-day distribution wait following a timely opposition. A reply does not defer distribution, and the waiting interval is not an exact consideration date.
- Further Court directions
- After considering the motion, the Court may grant or deny leave, set argument, require additional documents or direct other proceedings. This default does not establish a later schedule.
- 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 original-action docketing start the opposition’s sixty days?
No. Rule 17.5 uses receiving the motion for leave and initial pleading. Rule 37.2’s original-action supporting amicus instead uses docketing.
Supreme Court Rule 17.5Who receives service if the adverse party is a State?
Rule 17.3 requires service on both the Governor and Attorney General of that State. Confirm the actual recipients and separate Rule 29 compliance.
Supreme Court Rule 17.3Does an original-action reply delay distribution?
Rule 17.5 allows a reply but states that Court consideration will not be deferred pending its receipt. The minimum waiting interval does not guarantee distribution on its last day.
Supreme Court Rule 17.5Computation 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 (11)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 17.5 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 17.1 | The identified related procedural qualification |
| Supreme Court Rule 17.2–5 | The identified related procedural qualification |
| Supreme Court Rule 37.2 | The identified related procedural qualification |
| Supreme Court Rule 30.4 | 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 |