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A Reporter's Guide to Applications
- A Justice may simply deny without comment or explanation. If the Circuit Justice denies an application, there will often be no separate order issued. The denial will be reflected on the public docket.
- If a Justice acts alone to deny an application, a petitioner may renew the application to any other Justice of his or her choice, and theoretically can continue until a majority of the Court has denied the application. In practice, renewed applications usually are referred to the full Court to avoid such a prolonged procedure.
- A Justice may call for a response from the opposition before reaching a final decision. Such responses are usually due by a date and time certain. The Justice may grant an interim stay pending receipt and consideration of a response.
- A Justice may grant. If an application is granted by an individual Justice, or if the full Court acts upon one, its disposition is indicated by a written order or sometimes, an opinion.
An order granting an application will indicate how long the order will remain in effect—usually until the Court acts on the petition for writ of certiorari. In fairly standard language, the order will often go on to state that if the petition is denied, the stay will automatically terminate, but if the Court grants full review, the stay will remain in effect until the Court hands down a decision on the merits and the mandate or judgment is issued. - If a Circuit Justice, acting alone, grants an application, the other side may file a motion to the full Court to vacate that Justice's stay. As
