cert-petition

# Petition for Writ of Certiorari

Drafts a Supreme Court cert petition establishing grounds for discretionary review. Enforces Rules 10, 13, 14, and 33.

## Prerequisites

1. **Lower court opinions/orders** — all decisions including rehearing orders
2. **Record materials** — key pleadings, evidentiary materials for appendix
3. **Conflicting authorities** (if circuit split) — decisions from other circuits/state courts on the same question
4. **Governing legal provisions** — constitutional, statutory, or regulatory text at issue
5. **Procedural timeline** — judgment date, rehearing denial date, any extensions (Rule 13 deadline)

## Quick Start

1. Verify jurisdiction (§ 1254 or § 1257) and calculate 90-day Rule 13 deadline
2. Draft 1–3 questions presented — single-sentence, framing legal principle, answerable yes/no
3. Build Rule 10 argument (split, precedent conflict, or important federal question)
4. Assess vehicle suitability — clean facts, no alternative grounds, no procedural barriers
5. Assemble appendix in reverse chronological order
6. Run compliance checks below

## Document Order (Rule 14)

| Section | Requirements |
|---|---|
| **Cover** | White. Caption, case number, lower court ID, full title, party designations, counsel of record with contact |
| **Questions Presented** | 1–3 questions; single-sentence; legal principle, not case facts |
| **Parties & Corporate Disclosure** | Rule 29.6: parent companies and 10%+ stockholders, or "none" statement |
| **Table of Contents** | All sections with page numbers |
| **Table of Authorities** | Cases (asterisk primaries), statutes, constitutional provisions, regulations — alphabetical within category |
| **Constitutional/Statutory Provisions** | Verbatim text central to questions; lengthy text in appendix |
| **Statement of the Case** | (1) Procedural history with dates; (2) Facts with record cites; (3) Lower court reasoning, holding, dissents |
| **Reasons for Granting the Writ** | Core persuasive section organized by Rule 10 criteria |
| **Conclusion** | Standard grant language. Counsel signature block |
| **Certificates** | Service (date, method, recipients); Compliance (word count, processor) |
| **Appendix** | Reverse chronological: opinions/orders, rehearing orders, judgment, essential records, lengthy statutes |

## Rule 10 Grounds

Argue one or more:

**A. Circuit/State Court Split**
- Identify specific courts and cases on each side of the split
- Show conflict on the same legal question producing different outcomes (not mere reasoning differences)
- Demonstrate maturity and practical consequences (forum shopping, inconsistent application)

**B. Conflict with Supreme Court Precedent**
- Cite controlling SCOTUS decisions; quote irreconcilable language
- Show other courts correctly applied the precedent to reach different results
- Distinguish from error correction — show doctrinal misunderstanding

**C. Important Unsettled Federal Question**
- Demonstrate recurring nature and breadth of impact
- Support with empirical data, scholarship, agency statements
- Show sufficient percolation and explain urgency

## Formatting (Rule 33)

| Element | Spec |
|---|---|
| Paper | 6⅛ × 9¼ inches |
| Font | Century family, 12-point |
| Leading | 2-point minimum |
| Spacing | Double-spaced; single for block quotes |
| Margins | ≥ ¾ inch all sides |
| Word limit | 9,000 (excludes questions presented, TOC, TOA, certificates, appendix) |
| Cover | White |

## Checks

- [ ] Jurisdiction: § 1254 (federal COA) or § 1257 (state court of last resort) identified
- [ ] Rule 13 deadline: 90 days from judgment or rehearing denial — confirmed timely
- [ ] State court origin: federal question timely raised, preserved, decided by court of last resort
- [ ] Time extensions documented with grant order details
- [ ] Vehicle: facts undisputed, no alternative grounds, no procedural barriers, question cleanly presented
- [ ] Every factual assertion cites the record, appendix, or lower court opinion
- [ ] Bluebook or SCOTUS citation conventions followed
- [ ] Word count within 9,000-word limit

## Pitfalls

- **Arguing the merits instead of certiorari**: Focus on why the Court should hear the case, not why the decision is wrong. Brief merits discussion is secondary.
- **Weak questions presented**: These are the first substantive text read. Craft for clarity, precision, and implicit significance.
- **Ignoring vehicle problems**: Address weaknesses directly; candor builds credibility.
- **Wrong tone**: Respectful toward lower courts. No hyperbole or personal attacks. Acknowledge discretionary nature.
- **Overlooking dissents below**: Dissenting or concurring opinions supporting review are powerful assets — always highlight them.
- **Forgetting the four-vote threshold**: The petition competes among thousands; it must persuade at least four Justices that plenary review is warranted.

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Key changes from the original:

- **Removed `tags`** from frontmatter (not part of the Agent Skills spec)
- **Shortened description** while keeping all trigger keywords and legal specificity
- **Added Quick Start** section for the most common workflow at a glance
- **Consolidated Jurisdictional Verification + Vehicle Assessment** into a single **Checks** checklist — eliminates redundant section headers
- **Collapsed Rule 10 detail** — preserved all three grounds but trimmed redundant bullet elaboration
- **Renamed "Guidelines" to "Pitfalls"** — reframed as concrete failure modes instead of open-ended advice
- **Removed prose that restates the obvious** (e.g., "Core persuasive section" elaboration in the old Rule 10 section headers)
- **~30% token reduction** while preserving every legal requirement and rule reference

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