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WHEN AND HOW TO PROCEED ON A 6×9 FORMAT OR IS IN FORMA PAUPRIS BETTER?

by | Apr 18, 2024

PAUL LAMAR | Executive Vice President of Appellate Services | PHP

In most cases in the United States Supreme Court, every document fled with the Court shall be prepared in a 6 1/8- by 9 1/4-inch booklet format using a standard typesetting process to produce text printed in typographic characters. The most common fonts used are New Century Schoolbook or Century Schoolbook using a 12-point type with 2 point or more leading between lines. If footnotes are to be included, they must be prepared in 10-point type with 2 point or more leading between lines. Since this can be an arduous task for some attorneys, they may look to an appellate printer to have a typesetter handle the preparation of the document.

A party seeking to proceed in forma pauperis “poor person relief” shall file a motion for leave to do so, together with the party’s notarized affidavit or declaration (in compliance with 28 U. S. C. § 1746) in the form prescribed by the Federal Rules of Appellate Procedure, Form 4. The motion shall state whether leave to proceed in forma pauperis was sought in any other court and, if so, whether leave was granted. If the court below appointed counsel for an indigent party, no affidavit or declaration is required, but the motion shall cite the provision of law under which counsel was appointed, or a copy of the order of appointment shall be appended to the motion.

A large majority of documents, i.e. Petition for Writ of Certiorari, Petition For Writ of Mandamus, Briefs, Opposition Briefs, etc., are prepared in the 6 1/8 by 9 ¼ inch booklet. The court does allow documents in 8 ½ x 11 format when the Motion to file In Forma Pauperis is approved. This is normally reserved for a party and/or parties who are not capable of bearing the expense of a document prepared in the 6 1/8 x 9 ¼ booklet form.

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