Frequently Asked Questions About Supreme Court Filings
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What is the Probability that Certiorari will be Granted?
Getting a case heard by the Supreme Court is considerably more difficult than gaining admission to Harvard. In 2010, there were 5,910 petitions for a Writ of Certiorari filed with the Supreme Court, but cert was granted for only 165 cases. That is a success rate of only 2.8%. (In contrast, Harvard admitted 5.9% of its applicants in the year 2012). Over half the petitions submitted come from pro se and/or indigent criminal defendants or civil litigants. Since these petitions are drafted by non-attorneys, they enjoy a considerably lower success rate. Focusing only on attorney-submitted petitions, the success rate is closer to 6%, a rate that at least offers a ray of hope.
Here are some interesting statistics that are compiled from data supplied by the Administrative Office of the United States Courts, between 2007-2010 and compiled in the Sourcebook of Criminal Justice published by the University of Albany.
| Petitions for a Writ of Certiorari Filed Between 2007-2010 | ||||
| 2007 | 2008 | 2009 | 2010 | |
|---|---|---|---|---|
| Criminal | 3,563 | 2,673 | 2,432 | 2,449 |
| U.S. Civil | 923 | 780 | 856 | 783 |
| Private Civil | 2,429 | 2,545 | 2,407 | 2,513 |
| Administrative | 188 | 156 | 165 | 165 |
| TOTAL | 7,103 | 6,154 | 5,860 | 5,910 |
| Success Rate of Petitions for Writ of Certiorari (Granted/Filed)% | ||||
| 2007 | 2008 | 2009 | 2010 | |
|---|---|---|---|---|
| Criminal | 2.1% | 6.4% | 2.8% | 1.8% |
| U.S. Civil | 1.4% | 2.6% | 3.2% | 1.9% |
| Private Civil | 2.5% | 2.0% | 2.7% | 3.4% |
| Administrative | 2.1% | 10.9% | 5.5% | 11.5% |
| TOTAL | 2.1% | 4.2% | 2.9% | 2.8% |
What are the Word Count Limits for Supreme Court Documents?
Supreme Court Brief Max Word Count Petition for a Writ of Certiorari ......................................................................................................... 9,000 words Brief in Opposition to a Writ of Certiorari ....................................................................................... 9,000 words Reply Brief in Support of a Petition for a Writ of Certiorari ........................................................ 3,000 words Merits Brief of Petitioner or Appellant ............................................................................................ 15,000 words Merits Brief of Respondent or Appellee ......................................................................................... 15,000 words Brief of Amicus Curiae at Petition Stage......................................................................................... 6,000 words Brief of Amicus Curiae at Merits Stage............................................................................................ 9,000 words
Each document must be accompanied by a certificate signed by the attorney, the unrepresented party, or the preparer of the document stating that the brief complies with the word limitations. The person preparing the certificate may rely on the word count of the word-processing system used to prepare the document. The certificate must state the number of words in the document. The certificate shall accompany the document when it is presented to the Clerk for filing and shall be separate from it. If the certificate is signed by a person other than a member of the Bar of this Court, the counsel of record, or the unrepresented party, it must contain a notarized affidavit or declaration in compliance with 28 U. S. C. ยง 1746.
The word-count includes the text of the document along with footnotes, but does not include the questions presented, the list of parties, the corporate disclosure statement, the table of contents, the table of cited authorities, the listing of counsel at the end of the document, or any appendix. Block quotations which detail constitutional provisions, treaties, statutes, ordinances, and regulations involved in the case are not included.
Every document must be prepared in a bound booklet-format on paper that is cut to 6 1/8" x 9 1/4". The paper must be opaque, unglazed, and not less than 60 pounds in weight, and shall have margins of at least three-fourths of an inch on all sides. The text field, including footnotes, may not exceed 41/8 by 71/8 inches. The document should be saddle-stitched (a neat center-spine stapling found in pamphlets) or perfect-bound (book-quality binding). Spiral, plastic, metal, or string bindings may not be used.
Each Supreme Court document has a unique color to its cover. This allows the justices and clerks to visually organize which documents have been submitted by which parties. A document with the incorrect cover color will be rejected by the clerk of the court.
Supreme Court Brief Color of Cover Reply Brief in Support of a Petition for a Writ of Certiorari ........................................................ White Brief in Opposition to a Writ of Certiorari ....................................................................................... Orange Reply Brief in Support of a Petition for a Writ of Certiorari ........................................................ Tan Merits Brief of Petitioner or Appellant ............................................................................................ Light Blue Merits Brief of Respondent or Appellee ......................................................................................... Light Red Brief of Amicus Curiae at Petition Stage......................................................................................... Cream Brief of Amicus Curiae at Merits Stage in Support of Petitioner or Appellant ....................... Light Green Brief of Amicus Curiae at Merits Stage in Support of Petitioner or Appellant ....................... Dark Green
The petition for a Writ of Certiorari must be filed within 90 days of the entry of judgment in the Circuit Court.
The Brief in Opposition to the Petition for a Writ of Certiorari must be filed within 30 days of the case being placed on the docket.