Rule 52.3: Form and Contents of Petition

The petition must, under appropriate headings and in the order here indicated, contain the following:

• (a) Identity of Parties and Counsel. The petition must give a complete list of all parties. The petition must also give a complete list of the names of all counsel appearing in the trial or appellate courts; their firm or office name at the time of the appearance; and, for counsel currently appearing, their mailing address, telephone number, and email address. If new counsel appears or if any counsel currently appearing changes firm or office affiliation during the pendency of the appeal, lead counsel for the party must notify the clerk by filing a supplemental disclosure.

• (b) Table of Contents. The petition must include a table of contents with references to the pages of the petition and be bookmarked to assist in locating each item. The table of contents must indicate the subject matter of each issue or point, or group of issues or points.

• (c) Index of Authorities. The petition must include an index of authorities arranged alphabetically and indicating the pages of the petition where the authorities are cited.

• (d) Statement of the Case. The petition must contain a statement of the case that should seldom exceed one page and should not discuss the facts. The statement must contain the following:

• • (1) a concise description of the nature of any underlying proceeding (e.g., a suit for damages, a contempt proceeding for failure to pay child support, or the certification of a candidate for inclusion on an election ballot);
• • (2) if the respondent is a judge, the name of the judge, the designation of the court in which the judge was sitting, and the county in which the court is located; and if the respondent is an official other than a judge, the designation and location of the office held by the respondent;
• • (3) a concise description of the respondent’s action from which the relator seeks relief;
• • (4) if the relator seeks a writ of habeas corpus, a statement describing how and where the relator is being deprived of liberty;
• • (5) if the petition is filed in the Supreme Court after a petition requesting the same relief was filed in the court of appeals:
• • • (A) the date the petition was filed in the court of appeals;
• • • (B) the district of the court of appeals and the names of the justices who participated in the decision;
• • • (C) the author of any opinion for the court of appeals and the author of any separate opinion;
• • • (D) the citation of the court’s opinion;
• • • (E) the disposition of the case by the court of appeals, and the date of the court of appeals’ order.

• (e) Statement of Jurisdiction. The petition must state, without argument, the basis of the court's jurisdiction. If the Supreme Court and the court of appeals have concurrent jurisdiction, the petition must be presented first to the court of appeals unless there is a compelling reason not to do so. If the petition is filed in the Supreme Court without first being presented to the court of appeals, the petition must state the compelling reason why the petition was not first presented to the court of appeals.

• (f) Issues Presented. The petition must state concisely all issues or points presented for relief. The statement of an issue or point will be treated as covering every subsidiary question that is fairly included.

• (g) Statement of Facts. The petition must state concisely and without argument the facts pertinent to the issues or points presented. Every statement of fact in the petition must be supported by citation to competent evidence included in the appendix or record.

• (h) Argument. The petition must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record.

• (i) Prayer. The petition must contain a short conclusion that clearly states the nature of the relief sought.

• (j) Certification. The person filing the petition must certify that he or she has reviewed the petition and concluded that every factual statement in the petition is supported by competent evidence included in the appendix or record.

• (k) Appendix.

• • (1) Necessary Contents. The appendix must be bookmarked to assist in locating each item and must contain:
• • • (A) any order or opinion of the court of appeals, if the petition is filed in the Supreme Court;
• • • (B) a certified or sworn copy of any order complained of, or any other document showing the matter complained of;
• • • (C) unless voluminous or impracticable, the text of any rule, regulation, ordinance, statute, constitutional provision, or other law (excluding case law) on which the argument is based; and
• • • (D) if a writ of habeas corpus is sought, proof that the relator is being restrained.
• • (2) Optional Contents. The appendix may contain any other item pertinent to the issues or points presented for review, including copies or excerpts of relevant court opinions, statutes, constitutional provisions, documents on which the suit was based, pleadings, and similar material. Items should not be included in the appendix to attempt to avoid the page limits for the petition. The appendix should not contain any evidence or other item that is not necessary for a decision.