Briefs are valuable to researchers because they state the legal arguments the parties relied upon in pursuing or defending their case. The briefs also explain the facts of a case from a particular point of view. The records include pleadings, motions, trial transcripts and other documents from prior stages of the litigation. Reviewing records and briefs can help researchers to understand why the Court decided a case the way that it did and to explore the arguments that prevailed or failed. As well, it may be useful and interesting to a researcher to review petitions for certiorari in cases the Court declined to hear.

Understanding Supreme Court briefs

In 1821, the Supreme Court amended its rules by adding a requirement that the parties submit briefs. Published in volume 19 U.S. Reports (6 Wheat.), the rule stated that "no cause . . . will be heard by the Court, until the parties shall have furnished the Court with a printed brief . . . containing the substance of all the material pleadings, facts, and documents, on which the parties rely, and the points of law and fact intended to be presented at the argument." Thus began a practice that is a significant part of Supreme Court litigation.

Today, there are several rules governing Supreme Court records and briefs:

  • Rules 12, 14, 15 on petitions for writ of certiorari.
  • Rules 17, 18, 19, 20 on procedure when asserting other jurisdiction.
  • Rule 24 on content requirements of merits briefs.
  • Rule 25 establishing filing deadlines for merits briefs.
  • Rule 26 on the joint appendix, which contains the records from courts below.
  • Rules 33 and 34 governing document preparation, page limits, printing and style requirements.
  • Rule 37 on amicus curiae briefs.

Other relevant rules:

  • Rule 29 on filing and service of documents.
  • Rule 32 on models, diagrams, exhibits.
  • Rule 39 on proceedings in forma pauperis.

A typical set of documents pertaining to a particular case includes:

  1. Documents filed when seeking review by the Court (Petition Stage): Petition for certiorari, brief in opposition, petitioner's reply brief, supplemental briefs filed by any party, and amicus briefs filed at the petition stage. See Rules 12, 14, 15, 33, 34, 37.
  2. Documents filed after review is granted (Merits Stage): The joint appendix, petitioner and respondent merits briefs, petitioner reply brief, supplemental briefs, amicus briefs on the merits. See Rules 24, 25, 26, 33, 34, 37.

The documents are submitted in booklet format as required by Rule 33. (See Rule 39 for exceptions applying to parties proceeding in forma pauperis). Booklets have different colors depending upon the type of document and documents are of varying lengths. Booklet colors and page limits are stated in Rule 33(g). Rule 33(f) requires that forty copies of each document be filed, several of which are then distributed to depositories of printed Supreme Court briefs. Cornell Law Library is one of these depositories. Thus, the library has a significant print collection of Supreme Court records and briefs. It also has a large online collection.

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