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Financial Services Law Insights and Observations

SCOTUS extends filing deadline

Federal Issues Covid-19 U.S. Supreme Court

Federal Issues

On March 19, the U.S. Supreme Court issued an order extending the deadline to file any petition for a writ of certiorari due on or after the date of the order “to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.” Motions for extensions of time pursuant to Rule 30.4 will ordinarily be granted as a matter of course if the difficulties relate to Covid-19 and if the length of extension requested is reasonable under the circumstances. The Clerk will also entertain motions to delay the distribution of petitions for writs of certiorari where the petitioner’s grounds for additional time to file a reply are due to difficulties related to Covid-19. These modifications should indicate whether the opposing party has an objection. The Court emphasizes that these modifications—which will remain in effect until further order of the Court—do not apply to cases that have been granted certiorari or where a direct appeal or an original action has been set for argument.