What briefs are filed with the US Supreme Court?

Answer 1

Typically, the second "set" of briefs are Merit Briefs; however, the Respondent may file a Brief in Opposition (to the Petition for Writ of Certiorari), and the Petitioner may file a Brief Opposing a Motion to Dismiss or Affirm (if applicable) before the case reaches the Merit Brief stage. Under these circumstances, the Merit Briefs would become the third "set" of briefs, unless the Court grants the respondent's motion to dismiss or affirm (preventing the merit briefs from being submitted).

1. Petition for Writ of Certiorari
   • Brief in Opposition (not mandatory, except in capital cases)
   • Brief Opposing a Motion to Dismiss or Affirm
2. Brief on the Merits (typically called a Merit Brief)

   Reply Brief on the Merits (typically called a Reply Brief; response to Merit Brief)

3. Supplemental Brief (any party, presenting new information only, if applicable)
4. Amicus/amici curiae brief(s) (on behalf of either party, optional)

For more information, see Related Questions, below.

Answer 2

The documentation is organized in stages, beginning with the Petition Phase, when the party requesting the Court's attention (usually because they lost at the last appellate level) files a Petition for a Writ of Certiorari (actually a brief) providing the facts of the case and explaining why the matter is important and worthy of the Court's time, and formally requesting review.

If the Court grants certiorari, the parties move to the Merits Phase, where each side outlines the arguments, table of authorities (case law and other authoritative information on which the argument is based), the question(s) being addressed to the Court, and various other required information, in the following succession:

1. Petitioner's Brief
2. Respondent's Brief
3. Petitioner's Reply Brief

After the Court receives this information, the case is set for oral argument.

Other basic types of briefs include amicus ("friend of the court") briefs and supplemental briefs. These latter documents may only be submitted with the permission of the Court.