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U.S. Supreme Court · Merits

Merits Brief (Petitioner or Respondent)

Argues the merits after certiorari is granted.

Filed by: Party

Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.

What it must include

  • Contents listed in Rule 24.1: questions presented, parties, tables, opinions below, jurisdiction, provisions involved, statement of the case, summary of argument, argument and conclusion
  • Certificate of compliance
  • Proof of service

Deadline and length

Deadline: Petitioner: within 45 days of the order granting certiorari; respondent: within 30 days after the petitioner’s brief is filed (Rule 25.1–25.2).

Length: 13,000 words; reply brief 6,000 words (Rule 33.1(g)).

Governing rules

  • Sup. Ct. R. 24
  • Sup. Ct. R. 25
  • Sup. Ct. R. 33

Check the local rules for

    Applies in the U.S. Supreme Court. Find your court for its local requirements.

    Other merits

    Draft this filing in DraftAria.

    Court-formatted template with this checklist built in, and brackets where your matter details go.