Responses to petitions for writs of certiorari and proceedings by the government in connection with a direct appeal to the Supreme Court by an adverse party will be handled by attorneys from a Department litigating division.

When an appeal from a district court to the Supreme Court is taken by the adverse party in a case being handled by the United States Attorney, the United States Attorney should notify the appellate section of the appropriate division immediately and should make sure that copies of all necessary papers and documents are transmitted at once to that Section.

When an appeal from a district court to the Supreme Court is taken by the adverse party in a case being handled by a division of the Department, the United States Attorney should immediately notify the appellate section of the appropriate division and forward a copy of the district court decision unless the Court in its transmittal letter or memorandum forwarding the decision indicates distribution of a copy of the decision to the division of the Department, or to the Departmental attorney handling the case.

[updated July 2018]