A Petition for Writ of Certiorari Information Sheet is a document that is filed with a court asking it to review a lower court's ruling. The petitioner in a certiorari proceeding is asking the higher court to review the lower court's decision and, if necessary, overturn it. The sheet provides information about the parties involved in the case, the lower court's decision, and the facts of the case. The sheet also includes a statement of the legal issues involved in the case and a request to the court to review the lower court's decision. There are two types of Petition for Writ of Certiorari Information Sheet: one for federal cases and one for state cases.
Petition for Writ of Certiorari Information Sheet
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Multi-State
Control #:
US-APP-4THCIR-65
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FAQ
One example where the Supreme Court granted a petition for writ of certiorari and heard a case was entitled Filarsky v. Delia. In this case, the Supreme Court had to determine whether qualified immunity extends to a lawyer who is working for the government but is not a government employee.
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.
The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.
Example of a Writ Once the writ is drafted, the property is seized by a court official or member of law enforcement. The property is then transferred or sold, with the proceeds going to the plaintiff in cash. Another example of a writ is the writ of seizure and sale is one example of a writ.
Ing to the U.S. Supreme Court website, the Court receives approximately 10,000 petitions requesting a writ of certiorari each year. Of those, approximately 100 actually receive the writ and have oral arguments before the Court.
A petition for a writ of certiorari shall contain, in the order indicated: (a) The questions presented for review, expressed concisely in relation to the circumstances of the case, without unnecessary detail. The questions should be short and should not be argumentative or repetitive.
When the losing side in a case decided by a federal court of appeals (or a state's highest court) wants the Supreme Court to weigh in, it files a brief (known as a ?petition for certiorari? or a ?cert petition?) asking the justices to grant review, hear oral argument and eventually issue a decision on the merits of the
?An original and 10 copies of a petition for a writ of certiorari with an appendix consisting of a copy of the judgment or decree you are asking this Court to review including any order on rehearing, and copies of any opinions or orders by any courts or administrative agencies that have previously considered your case.