Proof of Service of Petition for Certiorari

Filing a petition for writ of certiorari in the Supreme Court is no cakewalk! There are numerous rules and regulations governing certiorari petitions, some very unusual and different from those of regular courts. For instance, the writ petition format Supreme Court is decidedly singular and atypical.

And once a litigant has prepared an appropriate petition for writ of certiorari, he has to file 40 copies of the same with the Clerk of the Supreme Court along with the docket fee of $300. In case the petitioner is proceeding in forma pauperis, the number is trimmed down to an original and 10 copies only.

In either case, the petitioner has to also serve three copies of the papers filed in the Court to all opposing parties or their counsel. And simply serving the petition copies is not enough; an affidavit to this effect has to be duly filed along with the petition for certiorari itself.

This proof of service is formally known as Certificate of Service. It is a mandatory requirement and failing to submit the document is interpreted as noncompliance. Even if a valid service has been done, the Court will not ‘read the petition’ or act on it until the petitioner provides a valid proof thereof.

What is it?
A Certificate of Service is a legal declaration that all opposing parties or their counsel have been served with a copy of the petition papers filed in the Supreme Court. Even cross petitions need to be in the writ petition format Supreme Court and accompanied by an appropriate proof of service.

This affidavit is filed along with the petition, but should be on a separate paper from the rest of the bound document. It should set forth a list of the names, addresses and telephone numbers of the counsel as well as indicate the names of the party (or parties) each counsel represents. It should also have an express statement that all parties required to be served have been served!

The Certificate of Service should be duly signed by a member of the Bar of the U.S. Supreme Court (representing the party on whose behalf service is made or by an attorney appointed to represent that party). If it is executed by a non-bar member, the signature should either be notarized or be accompanied by a declaration in compliance with 28 U.S.C. § 1746. Alternatively, an acknowledgment of service that is signed by counsel of record for the party served will also suffice.
A sample Certificate of Service can look like this:

CERTIFICATE OF SERVICE

I, _______ hereby certify that on _______ I served a copy of the attached _______________________________(name of document) upon the parties listed below by [mailing it by [first class mail][personal delivery](Circle one) to the following addresses:
____________________________
____________________________
____________________________
I declare under penalty of perjury that the foregoing is true and correct. Executed on ________
_______________________
          (Signature)


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