United States · Supreme Court
When must I correct a rehearing petition returned by the Clerk?
Supreme Court Rule 44.6 deems a qualifying corrected rehearing petition timely when submitted under Rule 29.2 no more than 15 days after the Clerk’s deficiency-letter date. The original must have been submitted timely and in good faith. Use the letter’s date, not receipt.
- Period
- 15 calendar days
- Trigger
- Date of the Clerk’s deficiency letter
- Rule
- Supreme Court Rule 44.6
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Read the actual Clerk letter and use its date.
Confirm the original rehearing petition was submitted timely and in good faith. Rule 44.6 is not a general late-petition cure.
Identify the stated form deficiency under Rule 44, 33 or 34 and prepare the requested correction. A substantive eligibility dispute is not automatically a covered form defect.
Supreme Court Rule 44.6How are the 15 days counted?
- Use the date on the Clerk’s Rule 44.6 letter. Confirm the original was timely and in good faith.
- Exclude the established trigger day.
- Count 15 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.
The fifteen days run after the letter’s date. The correction must comply with Rule 29.2, including the applicable filing method and required follow-up paper submission.
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 Clerk deficiency letter dated August 24, 2026. The rehearing petition was submitted timely and in good faith, and the Clerk identified a qualifying form deficiency. Exclude the established trigger day, August 24, 2026. Counting 15 calendar days reaches September 8, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Date of the Clerk’s deficiency letter | August 24, 2026 |
| Count | 15 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?
- Timely, good-faith original
- Rule 44.6 applies to a rehearing petition submitted timely and in good faith. The correction period does not cure an untimely original filing.
- Specified form deficiency
- The Clerk must determine noncompliance in form with Rule 44, 33 or 34 and return the petition with a letter indicating the deficiency.
- Rule 29.2 submission
- A corrected petition must be submitted through a qualifying Rule 29.2 method within the correction period. Electronic timeliness under the March 2026 rule requires specified paper submission within three days.
- No new rehearing right
- Rule 44.4 prohibits consecutive and untimely petitions. Rule 44.6 supplies conditional timely treatment of a correction, not permission to relitigate through a new successive petition.
- 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
Do the fifteen days begin when the deficiency letter arrives?
Rule 44.6 uses the date of the Clerk’s letter. Do not substitute receipt or when counsel opened the letter.
Supreme Court Rule 44.6Can this correction period make a late original petition timely?
Rule 44.6 requires the original to have been submitted timely and in good faith. It is not a general grace period for late rehearing petitions.
Supreme Court Rule 44.6Does every rejection create a fifteen-day correction period?
No. Rule 44.6 describes a Clerk determination of specified form noncompliance and a deficiency letter after timely, good-faith submission. Establish those conditions.
Supreme Court Rule 44.6Computation 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 (10)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 44.6 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 44.1 | The identified related procedural qualification |
| Supreme Court Rule 33 | The identified related procedural qualification |
| Supreme Court Rule 34 | 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 |