When must I file a conditional cross-appeal jurisdictional statement?

Verify when the original appeal was placed on the Supreme Court docket.

Confirm that an appellee seeks the Rule 18.4 conditional cross-appeal that otherwise would be untimely.

Prepare a jurisdictional statement complying with Rule 18.3, including its copy requirements. Material already in the opening statement’s appendix need not be reproduced again.

Mark the cover as a conditional cross-appeal and keep the statement separate from another pleading, except the attached pauper motion.

1. Use original-case Supreme Court docketing, not the district-court judgment, notice filing or statement service date.
2. Exclude the established trigger day.
3. Count 30 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.

Rule 18.4 expressly prohibits extension of the cross-appeal filing time. Do not import Rule 18.3’s discretionary statement-extension ceiling into this procedure.

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.

Fictitious example

Fictitious original-appeal Supreme Court docketing on August 24, 2026. An appellee seeks an otherwise untimely conditional cross-appeal. Exclude the established trigger day, August 24, 2026. Counting 30 calendar days reaches September 23, 2026. The final day is an open weekday.

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

Required statement and service

The conditional cross-appeal statement must comply in all respects, including copy count, with Rule 18.3 and include Rule 29 proof of service.

Fee or pauper motion

Pay the Rule 38 docket fee or submit the applicable in-forma-pauperis motion. The cover must clearly identify the conditional cross-appeal.

Separate pleading

Rule 18.4 prohibits joining the cross-appeal with another pleading except the attached in-forma-pauperis motion.

Prompt cross-appellee notice

After docketing, promptly notify all cross-appellees on the Clerk’s form of filing, docketing and docket number. Serve the notice under Rule 29.

• 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.

• Confirm appellee status and the conditional cross-appeal procedure.
• Record the original appeal’s Supreme Court docketing date.
• Prepare a separate compliant statement and required copies.
• Mark the cover, provide the fee or pauper motion and preserve service proof.
• File within the nonextendable period and promptly notify all cross-appellees after docketing.
• Rule 29.2 distinguishes timely paper receipt, qualifying USPS postmark, commercial-carrier delivery and proper electronic submission. Under the March 2026 rule, electronic timeliness requires the paper copies to be delivered or mailed by a specified method within three days. Rule 29.7 and the current guidelines impose additional electronic-submission requirements for represented filers and identify exceptions. Filing with the Court does not itself transmit the document to other parties.
• Check represented-filer electronic requirements and paper-copy requirements. The March 2026 guidelines exempt specified sealed and privacy-sensitive filings from electronic submission.
• Preserve both filing and separate service evidence.