United States · Supreme Court
When is a Clerk-approved deferred joint appendix due?
If the Clerk allows deferral, Supreme Court Rule 26.4(a) requires the petitioner or appellant to file the joint appendix no more than 14 days after receiving the respondent’s or appellee’s brief. Use receipt, not brief filing. A request alone does not permit deferral.
- Period
- 14 calendar days
- Trigger
- Receipt of the respondent’s or appellee’s merits brief
- Rule
- Supreme Court Rule 26.4(a)
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Read the actual Clerk permission allowing the parties’ requested deferral. Deferral is not favored and is not automatic.
Establish receipt of the respondent’s or appellee’s merits brief by the petitioner or appellant.
Check the allowed method, actual directions and designations made by each party when its brief is served.
Supreme Court Rule 26.4(a)How are the 14 days counted?
- Confirm the Clerk allowed deferral and establish actual receipt of the respondent’s merits brief.
- Exclude the established trigger day.
- Count 14 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 26.4 uses receipt. Do not start from when the respondent filed the brief or dispatched a paper copy.
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 respondent’s merits brief on August 25, 2026. The Clerk previously allowed the deferred appendix and no other direction changes its time. Exclude the established trigger day, August 25, 2026. Counting 14 calendar days reaches September 8, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Receipt of the respondent’s or appellee’s merits brief | August 25, 2026 |
| Count | 14 calendar days | September 8, 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?
- Permission first
- The Clerk may allow deferral on the parties’ request. An unapproved request does not displace Rule 26.1’s ordinary 45-day appendix period.
- Designation timing
- Rules 26.1–3 otherwise remain applicable, but each party makes its designation when its brief is served under Rule 26.4(a).
- Record-page references
- Rule 26.4(b) supplies separate record-page and replacement-booklet requirements. Its ten-day revised-reference filing period is not this fourteen-day appendix period.
- Actual time changes
- Rule 26.9 allows specified good-cause changes. Use the actual direction and preserve receipt evidence.
- 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
May the parties defer merely by agreeing to request it?
Rule 26.4 requires the Clerk to allow the requested method. Without permission, do not assume the ordinary appendix deadline has changed.
Supreme Court Rule 26.4(a)Do the fourteen days begin when the respondent files its brief?
No. Rule 26.4(a) uses receiving the brief. Establish actual receipt rather than substituting filing or dispatch.
Supreme Court Rule 26.4(a)When are contents designated under the deferred method?
Each party makes the designations when its brief is served. Rule 26.4(a) changes that timing while retaining the other specified appendix requirements.
Supreme Court Rule 26.4(a)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 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 26.4(a) | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 26.1 | The identified related procedural qualification |
| Supreme Court Rule 26.2 | The identified related procedural qualification |
| Supreme Court Rule 26.3–4 | The identified related procedural qualification |
| Supreme Court Rule 26.4(b) continuation and 26.9 | 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 |