Published on: Thursday, March 19, 2020

Today, in light of the onging health concerns releated to COVID-19, the United States Supreme Court extended the 90-day deadline for filing petitions for certiorari by 60 days.  Per the Court's order, available here, "the deadline  to file any petition for a writ of certiorari due on or after the date of this order [March 29, 2020] is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing."  

The Court's order further provides:

[M]otions for extensions of time pursuant to Rule 30.4 will ordinarily be granted by the Clerk as a matter of course if the grounds for the application are difficulties relating to COVID-19 and if the length of the extension requested is reasonable under the circumstances. Such motions should indicate whether the opposing party has an objection. 

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[N]otwithstanding Rules 15.5 and 15.6, the Clerk will entertain motions to delay distribution of a petition for writ of certiorari where the grounds for the motion are that the petitioner needs additional time to file a reply due to difficulties relating to COVID-19. Such motions will ordinarily be granted by the Clerk as a matter of course if the length of the extension requested is reasonable under the circumstances and if the motion is actually received by the Clerk at least two days prior to the relevant distribution date. Such motions should indicate whether the opposing party has an objection.

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[T]hese modificiations . . . do not apply tocases in which certiorari has been granted or a direct appeal o roriginal action has been set for oral argument.  

The Training Division is providing information and resources related to the COVID-19 crises on www.fd.org.