When must I seek rehearing of a certiorari denial?

Identify the Supreme Court order denying the certiorari or extraordinary-writ petition and its date.

Do not use the lower-court denial, receipt of the Court’s notice or a mandate date.

Check whether the proposed petition rests on the restricted grounds in Rule 44.2. The calendar calculation does not decide whether a ground qualifies.

1. Use the denial order’s date, not when counsel received it or when a mandate issued.
2. Exclude the established trigger day.
3. Count 25 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 44.2 expressly prohibits extending this filing time. Use Rule 30.1 computation without assuming a discretionary extension.

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 certiorari denial order dated August 24, 2026. The party considers rehearing under Rule 44.2 within its nonextendable period. Exclude the established trigger day, August 24, 2026. Counting 25 calendar days reaches September 18, 2026. The final day is an open weekday.

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

Restricted grounds

Rule 44.2 limits grounds to intervening circumstances with substantial or controlling effect, or other substantial grounds not previously presented.

Required certificate

Certify compliance with the restricted grounds and good faith without delay. Bind the certificate with each petition copy and meet the signature requirement. The Clerk will not file a petition without a certificate.

Fee and form

Comply with Rule 44.1’s form and filing requirements. Rule 44.2 specifies the Rule 38(b) fee where the filer paid the Rule 38(a) fee.

Consecutive petitions and amici

Rules 44.4 and 44.5 prohibit consecutive or untimely petitions and amicus rehearing briefs. A new label does not establish a new permitted petition.

Effect of denial

Rule 16.3 states the denial order is not suspended by a rehearing petition except by Court or Justice order. Filing does not establish a suspension.

• 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.

• Verify the Supreme Court denial order and its date.
• Check the proposed restricted grounds under Rule 44.2.
• Do not assume this nonextendable time can be enlarged.
• Prepare the required signed certificate and bind it with each copy.
• Check applicable form, copies, fee and service.
• Confirm any actual suspension order instead of assuming filing stays the denial.
• 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.