Handbook XIII.C: Review by the Supreme Court of the United States

In general, a party has 90 days from the entry of judgment or the denial of a timely petition for rehearing, whichever is later, in which to petition for a writ of certiorari. A circuit court cannot enlarge this period; application for an extension must be made to the Supreme Court. Counsel should be mindful that the judgment is entered on the day of the Court's decision and not when the mandate is issued.

This Court does not transmit any record, or portion of a record, to the Supreme Court unless requested by the Clerk or Deputy Clerk of that Court.

Federal Rule of Appellate Procedure 41(d) provides that a stay pending application for certiorari must not exceed 90 days, unless the period is extended for good cause or the Supreme Court extends the time for filing a petition and the party who obtained the stay so notifies the Clerk of this Court in writing within the period of the stay. When, however, a party files a petition for a writ of certiorari before the mandate of this Court is issued, the mandate is stayed until the Supreme Court disposes of the case if the party first obtained a stay of the mandate, filed the petition within the period the stay was in effect, and so notified the Clerk of this Court. Upon receipt of a copy of the Supreme Court order denying the petition, this Court will issue the mandate immediately, unless extraordinary circumstances exist.