South Carolina Form 18 - Petition for a Writ of Certiorari to the Court of Appeals
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How to fill out South Carolina Form 18 - Petition For A Writ Of Certiorari To The Court Of Appeals?
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FAQ
A petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should be fixed to prevent confusion in similar cases.
You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing.
After the circuit court or state supreme court has ruled on a case, either party may choose to appeal to the Supreme Court. Unlike circuit court appeals, however, the Supreme Court is usually not required to hear the appeal. Parties may file a ?writ of certiorari? to the court, asking it to hear the case.
United States Supreme Court In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case.
Writ of Certiorari: A writ of certiorari is an order for a lower court to deliver its records in a case so that the higher court may review it. This writ can be used in cases where an appeal failed, and you still feel an injustice has occurred.
A petition for writ of certiorari shall be served on opposing counsel and filed with proof of service with the Clerk of the Court of Appeals and the Clerk of the Supreme Court within thirty (30) days after the petition for rehearing or reinstatement is finally decided by the Court of Appeals.
Writs of Certiorari The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
Unlike appeals, which are heard as a matter of right, writ petitions are generally heard as a matter of discretion, and they are governed by equitable principles.