Florida Motor Vehicles Code Section 322.31
Drivers' Licenses
Right of Review
"Final orders and rulings of the department wherein any person is denied a license, or where such license has been canceled, suspended, or revoked, shall be reviewable in the manner and within the time provided by the Florida Rules of Appellate Procedure only by a writ of certiorari issued by the circuit court in the county wherein such person shall reside, in the manner prescribed by the Florida Rules of Appellate Procedure, any provision in chapter 120 to the contrary notwithstanding."
The Writ of Certiorari document format is a legal document that seeks the review of a case by a higher court. A writ of certiorari is typically issued by a higher court, such as the Supreme Court, to request the lower court to send the records of a case for review. This document plays a crucial role in the appellate process. The format of a Writ of Certiorari document typically includes specific sections and information. These sections may include: 1. Heading: The document starts with the court's name, jurisdiction, and the names of both parties involved in the case. 2. Introduction: An introductory paragraph briefly outlines the purpose of the writ and the specific relief sought. It may mention the lower court's decision and why it should be reviewed. 3. Statement of Facts: This section provides a detailed account of the facts and procedural history of the case. It should be an unbiased representation of the events leading up to the lower court's decision. 4. Issues Presented: This section lists the specific legal issues that the petitioner wants the higher court to review. These issues should be clearly stated and relevant to the case. 5. Argument: Here, the writ sets out the legal arguments supporting the petitioner's position. This may include references to relevant statutes, case law, and constitutional provisions. Each argument should be logically structured and supported with evidence. 6. Conclusion: The document concludes by restating the relief sought and emphasizing why the case should be reviewed by the higher court. Different types of Writ of Certiorari document formats may exist based on the specific court and jurisdiction. For instance, the Supreme Court of the United States has its specific rules and format for filing a writ, which may include additional requirements such as word limits, formatting guidelines, and supporting documents. In summary, the Writ of Certiorari document format is a crucial legal document used to request the review of a case by a higher court. It follows a structured format which includes sections such as the heading, introduction, statement of facts, issues presented, argument, and conclusion. Different courts may have their own specific requirements for formatting the document.
