What is the order from the court to send up records is a?

Answer 1

The US Supreme Court issues a writ of certiorari. Intermediate appellate courts used to call case records from trial courts on a writ of error, also called a writ of coram nobis; however, this practice has become nearly obsolete, abolished completely in civil cases, and rarely used (although not explicitly prohibited) in criminal cases.

Federal Appeals below the Supreme Court

According to Title II, Rule 3, of the Federal Rules of Appellate Procedure (FRAP), appeals "as of right" (non-discretionary) are filed as a Notice of Appeal with the Clerk of Court for the District Court from which the appeal is being made. The Clerk then serves the notice of appeal to the appropriate parties, including the appellate court. Records are sent as a part of standard procedure without requiring an explicit writ or order from the appellate court.

When an appeal is discretionary (the appellate court has the option of hearing or refusing the case), Rule 5 provides for Appeal by Permission. The party requesting the appeal must file a Petition for Permission to Appeal. If the Circuit Court files an order granting permission, the appellant pays court fees and the Clerk of Court for the District Court proceeds to serve notice and forward court records, as noted above.

Some sources generally refer to a discretionary order granting appeal as a writ of certiorari; however, in the United States, this term is typically understood to refer to the US Supreme Court rather than the Circuit Courts.

State Appeals

Most states have adopted the FRAP with amendments tailored to state procedures and laws. As with the federal court system, the Clerk of Court forwards lower court records to the appropriate appellate court as a matter of procedure when the appeal is properly filed and, if necessary, approved.

Answer 2

If the US Supreme Court agrees to review a case, they issue a writ of certiorari to the lower court ordering the case records sent to the Supreme Court.

In reality, use of the formal writ of certiorari is obsolete. Today, the US Supreme Court Clerk of Court typically requests case files from the lower courts using routine administrative processes, rather than serving a court order. The justices initiate this process when they agree to grant certiorari to a case.

For more information, see Related Questions, below.

Answer 3

Writ of Certiorari

Added: Subpoeana Duces Tecum

Answer 4

a writ of certiorari.

Answer 5

writ of certiorari