PART VIII. DISPOSITION OF CASES





Rule 41. Opinions of the Court 

   Opinions of the Court will be released by the Clerk imme- 
diately upon their announcement from the bench, or as the 
Court otherwise directs. Thereafter, the Clerk will cause 
the opinions to be issued in slip form, and the Reporter of 
Decisions will prepare them for publication in the prelimi- 
nary prints and bound volumes of the United States Reports. 

Rule 42. Interest and Damages 

1. If a judgment for money in a civil case is affirmed, any 
interest allowed by law is payable from the date the judg- 
ment under review was entered. If a judgment is modified 
or reversed with a direction that a judgment for money be 
entered below, the mandate will contain instructions with 
respect to the allowance of interest. Interest in cases aris- 
ing in a state court is allowed at the same rate that similar 
judgments bear interest in the courts of the State in which 
judgment is directed to be entered. Interest in cases aris- 
ing in a court of the United States is allowed at the interest 
rate authorized by law. 

2. When a petition for a writ of certiorari, an appeal, or 
an application for other relief is frivolous, the Court may 
award the respondent or appellee just damages, and single 
or double costs under Rule 43. Damages or costs may be 
awarded against the petitioner, appellant, or applicant, 
against the party's counsel, or against both party and 
counsel. 

Rule 43. Costs 

1. If the Court affirms a judgment, the petitioner or appel- 
lant shall pay costs unless the Court otherwise orders. 

2. If the Court reverses or vacates a judgment, the re- 
spondent or appellee shall pay costs unless the Court other- 
wise orders. 

3. The Clerk's fees and the cost of printing the joint ap- 
pendix are the only taxable items in this Court. The cost of 
the transcript of the record from the court below is also a 
taxable item, but shall be taxable in that court as costs in the 
case. The expenses of printing briefs, motions, petitions, or 
jurisdictional statements are not taxable. 

4. In a case involving a certified question, costs are equally 
divided unless the Court otherwise orders, except that if the 
Court decides the whole matter in controversy, as permitted 
by Rule 19.2, costs are allowed as provided in paragraphs 1 
and 2 of this Rule. 

5. To the extent permitted by 28 U. S. C. § 2412, costs 
under this Rule are allowed for or against the United States 
or an officer or agent thereof, unless expressly waived or 
unless the Court otherwise orders. 

6. When costs are allowed in this Court, the Clerk will 
insert an itemization of the costs in the body of the mandate 
or judgment sent to the court below. The prevailing side 
may not submit a bill of costs. 

7. In extraordinary circumstances the Court may adjudge 
double costs. 

Rule 44. Rehearing 

1. Any petition for the rehearing of any judgment or deci- 
sion of the Court on the merits shall be filed within 25 days 
after entry of the judgment or decision, unless the Court or 
a Justice shortens or extends the time. The petitioner shall 
file 40 copies of the rehearing petition and shall pay the filing 
fee prescribed by Rule 38(b), except that a petitioner pro- 
ceeding in forma pauperis under Rule 39, including an in- 
mate of an institution, shall file the number of copies re- 
quired for a petition by such a person under Rule 12.2. The 
petition shall state its grounds briefly and distinctly and 
shall be served as required by Rule 29. The petition shall 
be presented together with certification of counsel (or of a 
party unrepresented by counsel) that it is presented in good 
faith and not for delay; one copy of the certificate shall bear 
the signature of counsel (or of a party unrepresented by 
counsel). A copy of the certificate shall follow and be 
attached to each copy of the petition. A petition for rehear- 
ing is not subject to oral argument and will not be granted 
except by a majority of the Court, at the instance of a Justice 
who concurred in the judgment or decision. 

2. Any petition for the rehearing of an order denying a 
petition for a writ of certiorari or extraordinary writ shall 
be filed within 25 days after the date of the order of denial 
and shall comply with all the form and filing requirements of 
paragraph 1 of this Rule, including the payment of the filing 
fee if required, but its grounds shall be limited to intervening 
circumstances of a substantial or controlling effect or to 
other substantial grounds not previously presented. The 
petition shall be presented together with certification of 
counsel (or of a party unrepresented by counsel) that it is 
restricted to the grounds specified in this paragraph and that 
it is presented in good faith and not for delay; one copy of 
the certificate shall bear the signature of counsel (or of a 
party unrepresented by counsel). The certificate shall be 
bound with each copy of the petition. The Clerk will not file 
a petition without a certificate. The petition is not subject 
to oral argument. 

3. The Clerk will not file any response to a petition for 
rehearing unless the Court requests a response. In the ab- 
sence of extraordinary circumstances, the Court will not 
grant a petition for rehearing without first requesting a 
response. 

4. The Clerk will not file consecutive petitions and peti- 
tions that are out of time under this Rule. 

5. The Clerk will not file any brief for an amicus curiae 
in support of, or in opposition to, a petition for rehearing. 

6. If the Clerk determines that a petition for rehearing
submitted timely and in good faith is in a form that does not
comply with the Rule or Rule 33 or Rule 34, the Clerk will
return it with a letter indicating the deficiency. A corrected
petition for rehearing received no more than 15 days after
the date of the Clerk's letter will be deemed timely.

Rule 45. Process; Mandates 

1. All process of this Court issues in the name of the Presi- 
dent of the United States. 

2. In a case on review from a state court, the mandate 
issues 25 days after entry of the judgment, unless the Court 
or a Justice shortens or extends the time, or unless the par- 
ties stipulate that it issue sooner. The filing of a petition for 
rehearing stays the mandate until disposition of the petition, 
unless the Court orders otherwise. If the petition is denied, 
the mandate issues forthwith. 

3. In a case on review from any court of the United States, 
as defined by 28 U. S. C. § 451, a formal mandate does not 
issue unless specially directed; instead, the Clerk of this 
Court will send the clerk of the lower court a copy of the 
opinion or order of this Court and a certified copy of the 
judgment. The certified copy of the judgment, prepared 
and signed by this Court's Clerk, will provide for costs if 
any are awarded. In all other respects, the provisions of 
paragraph 2 of this Rule apply. 

Rule 46. Dismissing Cases 

1. At any stage of the proceedings, whenever all parties 
file with the Clerk an agreement in writing that a case be 
dismissed, specifying the terms for payment of costs, and pay 
to the Clerk any fees then due, the Clerk, without further 
reference to the Court, will enter an order of dismissal. 

2. (a) A petitioner or appellant may file a motion to dis- 
miss the case, with proof of service as required by Rule 29, 
tendering to the Clerk any fees due and costs payable. No 
more than 15 days after service thereof, an adverse party 
may file an objection, limited to the amount of damages and 
costs in this Court alleged to be payable or to showing that 
the moving party does not represent all petitioners or appel- 
lants. The Clerk will not file any objection not so limited. 
   (b) When the objection asserts that the moving party does 
not represent all the petitioners or appellants, the party 
moving for dismissal may file a reply within 10 days, after 
which time the matter will be submitted to the Court for 
its determination. 
   (c) If no objection is filed--or if upon objection going only 
to the amount of damages and costs in this Court, the party 
moving for dismissal tenders the additional damages and 
costs in full within 10 days of the demand therefor--the 
Clerk, without further reference to the Court, will enter an 
order of dismissal. If, after objection as to the amount of 
damages and costs in this Court, the moving party does not 
respond by a tender within 10 days, the Clerk will report 
the matter to the Court for its determination. 

3. No mandate or other process will issue on a dismissal 
under this Rule without an order of the Court. 

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