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Jurisdiction, procedure,
arguing and briefing techniques,

forms, statutes, rules

For practice in the

SUPREME COURT of the UNITED STATES

by
ROBERT L. STERN, A.B., L.L.B.
EUGENE GRESSMAN, A.B., J.D.

BNA
BOOK

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OF NATIONAL AFFAIRS, INC.
WASHINGTON, DC.

JK K

COPYRIGHT MAY, 1950

THE BUREAU OF NATIONAL AFFAIRS, INC.

WASHINGTON, D. C.

Printed in U.S.A.

Pol. Science honr 10-30 nicos

AUTHORS NOTE

Not for over twenty years has there appeared a volume devoted to describing in detail the practice and procedure in the Supreme Court of the United States. In the intervening period, the governing statutes, the Court's own rules and the unwritten practices have been materially altered. The recent recodification of the pertinent statutory provisions in Titles 28 and 18 of the United States Code would seem to make this a particularly opportune time to present to the Bar a descriptive, and occasionally critical, analysis of the practice before the Court.

This book is not, however, limited to practice and procedure in the narrow sense. It endeavors to inform the reader as to the principles of jurisdiction which determine whether a case can and should be taken to the Supreme Court, and as to the kinds of petitions for certiorari, jurisdictional statements, briefs, and oral arguments which are thought to be favored by the Court. The effort has been to set forth in a single volume which would be neither too expansive nor expensive, as close as possible to everything, outside of the field of substantive law, that a lawyer would want to know in handling a case in the Supreme Court. Although such a goal can obviously not be completely attained, it is hoped that this book has not fallen too far short.

No work of this sort could be published with confidence as to its accuracy and usefulness without the assistance of the staff of the Court. The Office of the Clerk, Charles Elmore Cropley, has been especially patient, forbearing, and helpful, in response to numerous time-consuming inquiries. The authors are par

1 Robertson, Practice and Procedure in the Supreme Court of the United States (1929).

ticularly indebted to Deputy Clerk Harold B. Willey, and to Assistant Clerk Edward P. Cullinan. Other members of the Clerk's staff, the Marshal, Thomas E. Waggaman, and the Librarian, Miss Helen Newman, although bothered to a lesser extent, have been equally courteous and cooperative.

The authors also appreciate the willing assistance and suggestions of their colleagues and friends, and of the staff of the publisher. At least one of them is especially grateful to his wife, Terese M. Stern, who, in addition to her many household duties, managed to translate his handwritten manuscript into a form intelligible to the publisher.

Robert L. Stern

Eugene Gressman

Washington, D.C.
May 29, 1950.

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