0
A petition for a writ of certiorari is a formal document sent to the US Supreme Court that requests the Court review a case on appeal from the highest appellate court (usually) with jurisdiction over the case. Either party may file the petition, although the most recent losing party is usually the one to make such request. Petitioners whose appeal was rejected by the US Court of Appeals Circuit Court or State Supreme Court are also eligible to file.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoThe petition follows a standard format that allows Supreme Court Justices to review each case efficiently.
The composition of the Petition includes the following:
- A cover page identifying the Petition, the Petitioner and Respondent (or Appellee and Appellant), from which Circuit Court of Appeals the case originates, and name(s) and address(es) of the Petitioner's counsel.
- Questions Presented (A brief statement of which Constitutional questions arise from the case)
- Rule 29.6 statement if either party is a corporation (states parent corporation, whether a publicly held company is part owner)
- Table of Contents
- Table of Authorities (cases used to cite precedent)
- Opinions Below (Ruling of Appeals Court)
- Jurisdiction
- Constitutional Provision Involved (cites specific language)
- Statement (summary of case, including background and prior rulings)
- Reasons for granting petition (why the case is worthy of the Supreme Court's time)
- Occurrences (appears to address similar issues the court has ruled on)
- The decision below is incorrect (legal theory for why the appeals court made the wrong decision)
- The decision below conflicts with others (cases where other federal appeals courts, or the same court in other instances, rendered a verdict that conflicts with the verdict on appeal)
- Conclusion
- Name(s) and address(es) of Petitioner's counsel
For more information, see Related Questions, below.
Add your answer:
Earn +20 pts
What do attorneys first submit to the US Supreme Court?
A petition for a writ of certiorari, or request for the Supreme Court to consider their case on appeal and issue a writ of certiorari to the lower (usually appellate) court. A writ of certiorari is a court order requesting the official records for a specified case.
What is the name of the request that lawyers make to the Supreme Court asking that a case be reviewed?
petition for a writ of certiorari
What petition grants the US Supreme Court jurisidiction over a case?
Petition for a writ of certiorari For more information, see Related Questions, below.
What is the name for a formal request to the Supreme Court to hear a case?
The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.
How do you use writ of certiorari in a sentence?
You do not necessarily have to include "writ of" in a sentence. Here is an example of this term's use, taken from the American Library Association website (address follows the quote): "On Monday, October 29, 2001, the U.S. Supreme Court denied certiorari." On the other hand, "writ of" is often technically and grammatically correct, as in: "The defendant's attorney filed a petition for a writ of certiorari."
What directs a lower court to send its records to the US Supreme Court?
A writ of certiorari
Can the US Supreme Court deny a petition for a Writ of Certiorari?
Yes. Due to the volume of petitions, the Supreme Court denies 98-99% of them.
What type of writ is used to appeal a case to the US Supreme Court?
A writ is an order of the court requiring action from another court or individual.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court.
What does cert denied mean?
"Cert" is short for "certiorari," which refers to the appeal (petition for a writ of certiorari) a party files with the Supreme Court requesting the justices review the case. If the justices decide against hearing the case, they deny the petition. This is usually abbreviated and referred to as "cert denied."
What is the time limit on filing a petition for a writ of certiorari?
A petition for a writ of certiorari is supposed to be filed within 90 days of judgment entered from the last court of appeal, per rule 13 of the Rules of the Supreme Court of the United States. The justices have discretion to extend the time by as many as 60 days, but rarely grant this permission.Rule 13. Review on Certiorari: Time for PetitioningUnless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or crimi­nal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Ap­peals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discre­tionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review.The Clerk will not file any petition for a writ of certio­rari that is jurisdictionally out of time. See, e. g., 28 U. S. C. § 2101(c).The time to file a petition for a writ of certiorari runs from the date of entry of the judgment or order sought to be reviewed, and not from the issuance date of the mandate (or its equivalent under local practice). But if a petition for re­hearing is timely filed in the lower court by any party, or if the lower court appropriately entertains an untimely peti­tion for rehearing or sua sponte considers rehearing, the time to file the petition for a writ of certiorari for all parties (whether or not they requested rehearing or joined in the petition for rehearing) runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment.A cross-petition for a writ of certiorari is timely when it is filed with the Clerk as provided in paragraphs 1, 3, and 5 of this Rule, or in Rule 12.5. However, a conditional cross­-petition (which except for Rule 12.5 would be untimely) will not be granted unless another party's timely petition for a writ of certiorari is granted.For good cause, a Justice may extend the time to file a petition for a writ of certiorari for a period not exceeding 60 days. An application to extend the time to file shall set out the basis for jurisdiction in this Court, identify the judgment sought to be reviewed, include a copy of the opinion and any order respecting rehearing, and set out specific reasons why an extension of time is justified. The application must be filed with the Clerk at least 10 days before the date the peti­tion is due, except in extraordinary circumstances. For the time and manner of presenting the application, see Rules 21, 22, 30, and 33.2. An application to extend the time to file a petition for a writ of certiorari is not favored.For more information, see Related Questions, below.
How does a US Supreme Court case start?
US Supreme Court cases are initiated when a minimum of four justices agree to grant a petition for writ of certiorari.
What does writ of certiorari means literally?
To be informed.
