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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.

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Period
60 calendar days
Trigger
Receipt of the motion for leave and initial pleading
Rule
Supreme Court Rule 17.5
Rules of the Supreme Court of the United States

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 17.5

How are the 60 days counted?

  1. Establish receipt of both the leave motion and the initial pleading. Do not substitute Supreme Court docketing.
  2. Exclude the established trigger day.
  3. Count 60 calendar days.
  4. Apply Rule 30.1 final-day adjustment.
  5. 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 30

What 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.

Example counting steps
StepWhat is countedDate
TriggerReceipt of the motion for leave and initial pleadingAugust 24, 2026
Count60 calendar daysOctober 23, 2026
Example resultFriday, October 23, 2026

Fictitious facts and dates. No different schedule, additional Court closure or extension is assumed.

Try these dates in the calculator

Which 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.
Supreme Court Rule 17.5
  • 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 17.5

Who 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 17.3

Does 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 17.5

Computation 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 30

Does 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 29.7

Official sources and scope

Provisions used (11)
Provisions used in this guide
ProvisionPurpose
Supreme Court Rule 17.5This procedure’s actor, trigger, period and required act
Supreme Court Rule 17.1The identified related procedural qualification
Supreme Court Rule 17.2–5The identified related procedural qualification
Supreme Court Rule 37.2The identified related procedural qualification
Supreme Court Rule 30.4The identified related procedural qualification
Supreme Court Rule 30.1The identified related procedural qualification
Supreme Court Rule 30Computation, closures and authorized extension procedure
Supreme Court Rule 29.1–3The identified related procedural qualification
Supreme Court Rule 29.2–3The identified related procedural qualification
Supreme Court Rule 29.7The identified related procedural qualification
Electronic Filing Guidelines, March 2026Current electronic requirements, exceptions and separate service
Read the current Supreme Court rules

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