Rule 40.1 - Application for Writ of Certiorari in the Supreme Court(a) Application; when filed; extension of time. (1) APPLICATION; TIME TO FILE. A party may seek review of the intermediate court of appeals' decision by filing an application for a writ of certiorari in the supreme court. The application shall be filed within 30 days after the filing of the intermediate court of appeals' judgment on appeal or dismissal order, unless the time for filing the application is extended in accordance with this Rule. However, if the application for a writ of certiorari is mailed, the application for a writ of certiorari shall be deemed timely filed if the mailing is postmarked within the time fixed for filing and is received by the clerk no later than 5 days after the postmarked date. For the purposes of calculating other deadlines in these Rules, the date of filing under this Rule shall be the date the document is received by the clerk.(2) REQUEST EXTENDING TIME; TIME TO FILE. A party may extend the time to file an application for a writ of certiorari by filing a written request for an extension. The request for extension shall be filed no later than 30 days after entry of the intermediate court of appeals' judgment on appeal or dismissal order.(3) TIMELY REQUEST; AUTOMATIC EXTENSION; NOTICE. Upon receipt of a timely written request, the appellate clerk shall grant a 30-day extension of time to file the application for a writ of certiorari. The appellate clerk shall note on the record that the extension was granted. The clerk shall give notice the request is timely and granted. (4) NO EXTENSION IF UNTIMELY. An untimely request shall not extend the time. The clerk shall give notice the request is untimely and denied.(b)Discretion of the supreme court. Acceptance or rejection of an application for a writ of certiorari is a matter within the discretion of the supreme court.(c)Denomination of the parties. The party applying for the writ of certiorari shall be denominated the petitioner; the petitioner's denomination in the appeal and in the trial court or agency shall also be included. All other parties shall be denominated respondents and each respondent's denomination in the appeal and in the trial court or agency shall also be included. Any respondent who supports the position of a petitioner shall meet the time scheduled for filing responsive documents.(d)Contents. The application for a writ of certiorari shall not exceed 12 pages and shall contain in the following order: (1) A short and concise statement of the questions presented for decision, set forth in the most general terms possible. The statement of a question presented will be deemed to include every subsidiary question fairly comprised therein. Questions not presented according to this paragraph will be disregarded. The supreme court, at its option, may notice a plain error not presented.(2) A statement of prior proceedings in the case.(3) A short statement of the case containing the facts material to the consideration of the questions presented.(4) A brief argument with supporting authorities. A copy of the challenged opinion, dispositional order, or ruling of the intermediate court of appeals shall be attached as an appendix.
(e)Response; form; extension of time; reply. (1) TIME TO FILE; FORM. Within 15 days after the filing of an application for a writ of certiorari, any other party to the case may, but need not, file and serve a brief written response, not to exceed 12 pages. (2) REQUEST EXTENDING TIME; TIME TO FILE. A party may extend the time to file a response to an application for a writ of certiorari by filing a written request for an extension. The request for extension shall be filed no later than 15 days after the filing date of the application for a writ of certiorari.(3) TIMELY REQUEST; AUTOMATIC EXTENSION; NOTICE. Upon receipt of a timely written request, the appellate clerk shall grant a 15-day extension oftime to file a response to the application for a writ of certiorari. The appellate clerk shall note on the record that the extension was granted. The clerk shall give notice the request is timely and granted.(4) NO EXTENSION IF UNTIMELY. An untimely request shall not extend the time. The clerk shall give notice the request is untimely and denied.(5) REPLY. Within 7 days after a response is filed any party may, but need not, file and serve a reply to the statement of reasons set forth in the response. The reply shall not exceed 5 pages.(f)Oral argument. There shall be no oral argument on an application for a writ of certiorari unless requested by the supreme court. If oral argument is requested by the supreme court, the petitioner is entitled to open and conclude argument.(g)Determination. The supreme court shall act upon an application for a writ of certiorari no later than 30 days after a response is or could have been filed. The failure of the supreme court to accept the application within the 30 days shall constitute a rejection of the application. In cases with multiple respondents, the 30-day time period to accept the application for writ of certiorari shall be calculated from the date of the latest timely-filed response is or could have been filed.(h)No reconsideration of acceptance or rejection of application for a writ of certiorari. Neither acceptance nor rejection of an application for a writ of certiorari shall be subject to a motion for reconsideration in the supreme court. The rejection of an application for certiorari shall be final. However, if an application for certiorari is accepted, the supreme court, at any time prior to final disposition, may sua sponte find certiorari was improvidently granted and may dismiss the certiorari proceeding.(i)Review by supreme court after acceptance of application for a writ for certiorari. If the supreme court accepts the application for a writ of certiorari, the case shall be decided on the record and the briefs previously filed. The supreme court may limit the question on review, may request supplemental briefs, and may set the case for oral argument. Within 10 days after the acceptance of the application for a writ of certiorari, a party may move in the supreme court for permission to file a supplemental brief. The court may impose restrictions as to length and filing of such brief and any response thereto.Added December 6, 1999, effective 1/1/2000; further amended June 20, 2006, effective 7/1/2006; further amended August 30, 2010, effective 9/27/2010; further amended May 25, 2011, effective 7/1/2011; further amended December 14, 2011, effective 1/1/2012; further amended July 29, 2013, effective 1/1/2014; further amended June 4, 2015, effective 7/1/2015; further amended April 12, 2016, effective 7/1/2016; further amended October 12, 2017, effective 10/12/2017; further amended July 3, 2019, effective 1/1/2020; further amended January 12, 2023, effective 1/12/2023.