8.4.7 JURISDICTION
In Supreme Court briefs, the jurisdictional statement, required by Rule 24.1(e), is usually rather straightforward. The rule asks for the “time factors” on which jurisdiction rests, and the attorney should therefore include the date on which the judgment being reviewed was entered, the date on which the petition for certiorari was filed, and the date on which the petition was granted.
These items are necessary because they show that a final decision has been entered and that the petitioner has followed the necessary procedural steps. The brief should also include the statute or statutes that give the reviewing court the authority to hear this type of appeal.14In cases in other appellate courts, the jurisdictional statement may be more complex. For example, Rule 28(a)(4) of the Federal Rules of Appellate Procedure requires that an appellant’s brief include:
(4) a jurisdictional statement, including:
(A) the basis for the district court’s or agency’s subject-matter jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction;
(B) the basis for the court of appeals’ jurisdiction, with citations to applicable statutory provisions and stating relevant facts establishing jurisdiction; (C) the filing dates establishing the timeliness of the appeal or petition for review; and (D) an assertion that the appeal is from a final order or judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some other basis. Jurisdictional issues can be raised for the first time at any point in the proceedings; thus, in practice, be sure that you understand the court’s jurisdiction in your client’s case.