The US Supreme Court is the highest court in the United States federal judiciary system. Its primary role is to interpret the US Constitution and to make final decisions on important legal issues. The Supreme Court has the power of judicial review, meaning it can declare acts of Congress, the President, or state governments unconstitutional. The Court also has the authority to hear cases on appeal from lower federal and state courts, and it decides a range of issues, including civil rights, freedom of speech, privacy, and criminal justice.
Filing a case in the US Supreme Court is a complex and formal process, and typically requires the assistance of an experienced attorney. Here are the general steps to follow:
- Consult with an attorney: The first step is to consult with an experienced attorney who can advise you on the merits of your case and guide you through the complex process of filing a case with the US Supreme Court.
- Prepare a writ of certiorari: If your case has been heard and rejected by a lower court, you may be able to file a writ of certiorari to request that the Supreme Court review your case. The writ must include the questions of law that you want the Supreme Court to consider, as well as a statement of the case and a description of any lower court decisions that have been made.
- File the writ: Once the writ of certiorari has been prepared, it must be filed with the Supreme Court. There are strict deadlines for filing, so it is important to ensure that the writ is filed in a timely manner.
- Await a decision: After the writ has been filed, the Supreme Court will review the case and decide whether to grant certiorari. If certiorari is granted, the case will be scheduled for oral argument and a decision will be rendered.
It is important to note that filing a case with the US Supreme Court is a complex and expensive process, and not all cases will be accepted for review. Additionally, the Supreme Court is not required to hear any case, and the decision to grant certiorari is entirely at the discretion of the Court.
- Determine whether your case falls within the jurisdiction of the Supreme Court. The Supreme Court has limited jurisdiction and only hears cases that involve federal law, constitutional issues, or disputes between states.
- Draft a writ of certiorari. This is the document that asks the Supreme Court to review your case. The writ should explain the legal issues at stake and provide a summary of the lower court decisions.
- File the writ of certiorari with the Supreme Court. The filing must include copies of all relevant lower court decisions and transcripts, along with a filing fee.
- Wait for a response. The Supreme Court receives thousands of requests for review each year but only grants a small percentage of them. You will receive a written response from the Court indicating whether it will hear your case or not.
- If the Supreme Court agrees to hear your case, you will need to prepare briefs that outline your arguments in more detail.
- Participate in oral arguments. If the Court schedules oral arguments, you will have the opportunity to present your case in front of the justices.
- Wait for the Court’s decision. The Supreme Court will issue a written opinion that explains its ruling on your case.
It’s important to note that the process for filing in the Supreme Court can be complex and difficult, and it’s highly recommended that you seek the assistance of an experienced attorney.
You can find the forms required for filing a case with the US Supreme Court on the Court’s website. Here’s the link to the forms page: https://www.supremecourt.gov/formsandguidelines/forms.aspx
Please note that the forms and instructions vary depending on the type of case you are filing, so make sure to carefully review the instructions and use the correct forms.
To get an attorney appointed under the Criminal Justice Act (CJA), you must first request one from the court. Here are the steps:
- Contact the Clerk’s Office of the federal court in which your case is pending and ask for the “CJA Plan.”
- Review the Plan to see if you are eligible for appointment of counsel under the CJA.
- If you are eligible, complete and file an “Affidavit of Indigency” with the court.
- If the court determines that you are indigent and unable to pay for an attorney, the court will appoint an attorney to represent you.
Note that the CJA only applies to federal criminal cases, not civil cases or state criminal cases.
The Civil Justice Act does not provide for the appointment of attorneys in civil cases. However, there is a federal law called the Civil Rights Attorney’s Fees Award Act of 1976 that allows for attorneys’ fees to be awarded to prevailing parties in certain civil rights cases.
If you are unable to afford an attorney for a civil case, you can try contacting legal aid organizations or pro bono programs in your area to see if they can provide assistance. You can also try contacting your local bar association for referrals to pro bono attorneys or reduced fee legal services.
While it is possible to file a case with the US Supreme Court without an attorney, it is generally not recommended due to the complexity of the legal process and the high standards for presenting a case at the Supreme Court level.
If you do choose to file a case on your own, you can obtain the necessary forms and instructions from the Supreme Court’s website or by contacting the Clerk’s Office by mail, phone, or email. The forms must be completed in accordance with the Court’s rules, which can be found on their website.
When submitting your case, you will need to provide a written petition outlining the legal issues involved and the relief you are seeking. This petition must be accompanied by multiple copies, as well as a filing fee (currently $300) or a request for a fee waiver.
Once your petition is filed, it will be reviewed by the Court to determine if it meets the criteria for a hearing. If the Court agrees to hear your case, you will need to prepare for oral arguments, which are typically scheduled several months in advance. It is important to note that the vast majority of cases submitted to the Supreme Court are denied without a hearing, so it is crucial to have a strong legal argument and properly follow all filing requirements.
waiver.pdf
State Zip Phone Email A copy of this form must be sent to petitioner’s counsel or to petitioner if of the recipient(s) of a copy of this form. No additional certificate of service or cover letter is 
Filing and Rules
The Court’s Rules and various forms of guidance to filers can be obtained on the “Rules and Guidance both on written motion and in open Court, and the form that must be completed for all applicants. Site Map – Supreme Court of the United States
Chief Justice’s Year-End Reports on the Federal Judiciary Supreme Court of the United States Activity Booklet Detect the Differences: John Marshall’s Portrait (PDF) Detect the Differences: Lions in the Case Documents
