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What written documents does the US Supreme Court receive when it accepts a case?
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Answered 2009-11-28 04:30:12
Answer
Case files and briefs.
Contrary to popular belief, the Supreme Court does not receive a Writ of Certiorari when it accepts a case; the court issues a Writ of Certiorari, which is an order to the lower courts to send case records to the US Supreme Court for review.
Explanation
A formal request for review by the US Supreme Court is called a petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant certiorariand issue a writ of certiorari to the lower court.
A writ of certiorari is an order from a higher appellate court to a lower court demanding a certified record of a particular case so the higher court (in this case, the US Supreme Court) can review the lower court's decision.
When the lower court receives the writ, they send the case files to the Court. Meanwhile, the attorneys for both parties submit briefs, documents that present the points and arguments for each side of the case.
- The Supreme Court receives a petition for a writ of certiorari from one party to the case.
- The Supreme Court decides whether to hear the case: if they agree, they grant certiorari; if they refuse, they deny certiorari.
- If the Supreme Court grants certiorari, it sends a writ of certiorari to the lower court.
- The Supreme Court receives case files from the lower court.
- The Supreme Court receives briefs from the parties to the case.
- The Supreme Court may receive other documents, such as amicus briefs, etc.
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