Supreme Court of the United States

Order Amending the Rules of Court

modelscotus
Model Supreme Court Reporter
4 min readJun 11, 2016

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100 M.S.Ct. 114

BY ORDER OF THE COURT, the Rules of Practice and Procedure of the Supreme Court are hereby amended as follows and effective immediately:

Rule 4: Specific Considerations for Case or Controversy is added to read as follows:

(a) A “case or controversy” is a matter before the Court that does not involve a challenge to any law. In order to bring such a matter before the Court, a party must show that:
(i) An action occurred that caused the party harm (injury-in-fact), AND
(ii) That a viable argument exists for liability of Defendant(s) for such harm.

(b) In addition to the jurisdictional considerations in Rule 1 herein, the Court shall only assert jurisdiction over such matters when:
(i) the Defendant is not a moderator acting in the moderator’s official capacity to cause the action, AND;
(ii) the liability imposed upon Defendant is not of a criminal nature, AND
(iii) the Defendant is an entity subject to the jurisdiction of this Court, AND
(iv) there is a diversity of citizenship between the Plaintiff and all Defendants, OR;
(v) the liability claimed by Plaintiff against Defendants occurs under federal law.

(c) Any matter brought under this rule shall be considered a petition for writ of certioriari by the Court, with the exception that:
(i) the matter shall not be heard en banc unless specifically agreed to by the Court, but rather by a panel of three Justices; AND
(ii) briefs amicus curiae shall not be accepted by the Court in such matters.

(d) Parties to any matter brought under this Rule is expected to adhere to the other rules of this Court pertaining to actions brought before the Court, except that:
(i) no briefs amicus curiae will be accepted in any such matter due to the nature of controversy, AND;
(ii) all witness statements shall be be made by affidavit of the witness through a top-level comment and in such time as is reasonable to allow the opposing party and/or the Court to question the statement of the witness and for the witness to respond to such statement. The Panel shall have discretion as to what is considered reasonable timing, AND;
(iii) The Federal Rules of Evidence, Rules 404, 604, 801, 802, and 803, as they pertain to hearsay and the use of prior bad acts are hereby adopted and imposed upon such matters.

The current Rule 4 is amended to be Rule 5.

The current Rule 5 is amended to be Rule 6 and is further amended as follows:
(a)(i) is amended to read: All persons authorized to act on behalf of a government upon notice by the Executive to the Court;

(a)(ii) is amended to read: All assistant representatives as requested by the relevant representative so authorized under Rule 5(a)(i);

(b) is amended to read: Only the duly appointed representative or a rostered assistant thereof may act as legal representative and argue on behalf of the respective Government, except that:
(i) when any such authorized representative resigns, is removed, or is revoked authorization, OR;
(ii) in an interim period in which the selection process for such representative is occurring; THEN,
(iii) the Executive shall be rostered as authorized representative and may select among the rostered representatives to represent the government in a specific matter if such occurs.

(e) is amended to read: Representatives authorized under Rule 5(a)(1) and their authorized assistants may not act on behalf of any non-governmental organization or individual, even if otherwise rostered by the Court while such person maintains the authorized position.

(g)(iii) is removed.

(g)(iv) is amended to (g)(iii).

Rule 7: Decorum is added to read as follows:

(a) Any person before the Court is expected to adhere to certain standards of decorum in addition to those set forth generally within the Meta Constitution.

(b) All parties are expected at all times to act cordially and professionally one to another and to direct all arguments and statements to the Court.

(c) All non-parties to any action are expected at all times to refrain from making comment, unless otherwise authorized by these rules.

(d) All persons appearing within the Court are expected to act with a professional demeanor, as such, the Court does not tolerate:
(i) the use of profanity or any other vulgar, hateful, or spiteful speech, OR
(ii) spurious comments inclusive of assents or dissents to authorized statements, orders, or other submissions or comments (eg: “hear, hear;” “impeach!;” etc), OR;
(iii) Denigration of the United States, the Court, or any parties or persons before the Court, OR;
(iv) threats of death or violence against any person or property.

(e) All persons are expected to comply with the requests and orders of the Court while acting within the Court.

The current Rule 6 is amended to be Rule 8 and is further amended as follows:

(b) For the purposes of Rule 6(a), “knowingly” shall include:
(i) any violation of the rules by a rostered attorney or authorized representative, OR;
(ii) any more than two violations of the rules by any pro se litigant.

It is so ordered.

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Model Supreme Court Reporter

Administrative account of the Model Supreme Court of the United States