CaseMark Petition for Writ of Certiorari
Drafts a Supreme Court cert petition establishing grounds for discretionary review. Enforces Rules 10, 13, 14, and 33.
Prerequisites
- Lower court opinions/orders — all decisions including rehearing orders
- Record materials — key pleadings, evidentiary materials for appendix
- Conflicting authorities (if circuit split) — decisions from other circuits/state courts on the same question
- Governing legal provisions — constitutional, statutory, or regulatory text at issue
- Procedural timeline — judgment date, rehearing denial date, any extensions (Rule 13 deadline)
Quick Start
- Verify jurisdiction (§ 1254 or § 1257) and calculate 90-day Rule 13 deadline
- Draft 1–3 questions presented — single-sentence, framing legal principle, answerable yes/no
- Build Rule 10 argument (split, precedent conflict, or important federal question)
- Assess vehicle suitability — clean facts, no alternative grounds, no procedural barriers
- Assemble appendix in reverse chronological order
- 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.
Key changes from the original:
- Removed
tagsfrom 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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