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Say I wanted to file an amicus curiae for an upcoming SCOTUS case; where would I go to find the deadline to file? I've looked on places like SCOTUS blog, Ballotpedia, Oyez, Wikipedia, and found nothing. Am I searching wrong?

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  • Something's not clear. Are you asking how to file an amicus brief, or how to find a brief that's already been filed?
    – bdb484
    Jun 16 at 21:04
  • Neither. All I want to know is when is the date that I have to file by. I know that the deadline to file an amicus brief in support of a petitioner or appellant is 30 days after the case is placed on the docket or the Court calls for a response, whichever is later. What I don't know is how to find the date from which I extrapolate 30 days from. (I've edited the question for clarity.)
    – COOKIES
    Jun 16 at 21:08
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    By "wiki" do you mean Wikipedia?
    – Someone
    Jun 16 at 21:49
  • Yes. Edited now.
    – COOKIES
    Jun 16 at 22:18

1 Answer 1

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Supreme Court Rule 37 places the deadline to file an amicus brief in support of certiorari at "30 days after the case is placed on the docket or a response is called for by the Court, whichever is later." The Court doesn't generate briefing schedules for each case, so you have to calculate those dates yourself.

A case is "placed on the docket" upon filing of the petition for certiorari. Respondents are not required to file any response to the petition, but in some cases, the Court will ask them to do so. Both events will appear on the Court's online docket, so you can find those dates and add 30 days.

For instance, in Kowall v. Benson, the Petitioner filed for certiorari on April 15, 2022, so the deadline for an amicus brief would have been May 15. But on May 31, the Court asked the Respondent to file a response brief, so that kicked the deadline out another 30 days, to June 30.

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  • Small Addition: Still within FRCP 37 (see 37(3)(a)), amicus curiae briefs in a case before the Court for oral argument "shall be submitted within 7 days after the brief for the party supported is filed." There exists a different standard depending on if the case has been granted cert / what the brief is for.
    – COOKIES
    Jun 21 at 22:52

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