United States · Supreme Court
How promptly must I respond to a Supreme Court motion?
Supreme Court Rule 21.4 requires a response as promptly as possible considering the relief and any asserted emergency. Its ten-day period from receipt is an outer limit unless the Court, a Justice or the Clerk under Rule 30.4 orders otherwise. The Court may act without waiting for a response.
- Period
- As promptly as possible, in any event within ten days of receipt unless ordered otherwise
- Trigger
- Actual receipt of the motion, its asserted urgency and any operative response direction
- Rule
- Supreme Court Rule 21.4
Adopted February 17, 2026, effective March 16, 2026
Source guide · No automated date
Review urgency and the operative schedule
A ten-day result alone cannot establish promptness for the asserted relief or an actual response direction. This source guide supplies no computed date or paid calculation record.
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Which events must I establish?
Preserve when the responding party actually received the motion. Filing with the Court alone does not establish that receipt.
Read the relief sought and any asserted need for emergency action immediately.
Check for an actual Court or Justice direction, or a Clerk direction within Rule 30.4 authority.
Identify the motion’s form and whether time permits a corresponding response. Do not assume the Court will wait ten days.
Supreme Court Rule 21.4Why is a single period insufficient?
- Record actual motion receipt.
- Review the asserted urgency and relief.
- Read any operative response direction.
- Treat ten days as the default outer limit, not a waiting allowance.
- File promptly and preserve separate service evidence.
Rule 30.1 governs computation of the default ten-day outer period from established receipt. That arithmetic does not determine the separate promptly-as-possible requirement or an actual replacement direction.
Rule 21.4 permits the Court or a Justice, or the Clerk under Rule 30.4, to order otherwise. A pending extension request does not change the operative schedule. In an appropriate case the Court may act without a response.
The default forward outer period uses Rule 30.1 final closed-day treatment. A final-day adjustment is not permission to delay a response that the nature of the relief or emergency requires sooner.
Supreme Court Rule 21.4Why is no automated date shown?
The rule’s open-ended promptness duty cannot be derived from a single date. A numerical outer-limit example would not establish that the particular response is timely.
Which qualifications change the procedure?
- Emergency and promptness
- Consider the nature of the relief and any asserted emergency. The ten-day outer period does not remove the separate promptness duty.
- Different direction
- The Court or a Justice, or the Clerk under Rule 30.4, may order otherwise. Preserve the actual direction rather than inferring one from a request.
- Response form
- A response to a Rule 33.1 motion, except a response to a motion for leave to file an amicus brief, uses the same form if time permits. Check the actual motion and applicable submission requirements.
- Court action before response
- In an appropriate case the Court may act on the motion without waiting for a response. An unexpired outer period does not promise an opportunity to be heard first.
- This source guide does not infer triggering facts, an extension or the effect of a particular direction.
- It provides no computed date or paid calculation record.
What should I check before completing the act?
Common questions
The specific procedure
May I always wait ten days to respond?
No. Rule 21.4 separately requires a response as promptly as possible considering the relief and asserted emergency. Ten days is the default outer limit.
Supreme Court Rule 21.4Does the motion’s Court filing start the response period?
Rule 21.4 uses receipt. Establish actual incoming receipt instead of substituting the motion’s filing or dispatch date.
Supreme Court Rule 21.4Must the Court wait until the response period expires?
No. Rule 21.4 says the Court may act without waiting for a response in an appropriate case.
Supreme Court Rule 21.4Must every response use the same form as the motion?
Rule 21.4 requires the corresponding Rule 33.1 form if time permits, with the stated exception for a response to a motion for leave to file an amicus brief. Check the specific motion.
Supreme Court Rule 21.4Official sources and scope
Provisions used (10)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 21.4 | The specific events, requirements and completion boundary |
| Supreme Court Rule 21.1–2 | The identified procedural qualification |
| Supreme Court Rule 21.2–3 | The identified procedural qualification |
| Supreme Court Rule 30.4 | The identified procedural qualification |
| Supreme Court Rule 30.1 | The identified procedural qualification |
| Supreme Court Rule 30 | Computation and authorized changes |
| Supreme Court Rule 29.1–3 | The identified procedural qualification |
| Supreme Court Rule 29.2–3 | The identified procedural qualification |
| Supreme Court Rule 29.7 | The identified procedural qualification |
| Electronic Filing Guidelines, March 2026 | Current electronic requirements, exceptions and separate service |