This Order Filing Petition for Writ of Certiorari and Review for a Temporary Injunction orders that the Petitioner serve a copy of the peitition and the order to the respondent. Respondent is also directed where to file an answer to the petition if he/she so desires and that respondent has 30 days to do so.
West Virginia Order Filing Petition for Writ of Certiorari and Review for a Temporary Injunction
State:
West Virginia
Control #:
WV-RH-214-05
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PDF
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2. To be timely, a petition for writ of certiorari must be filed with the Clerk of the United States Supreme Court within 90 days of entry of judgment. The time to file a petition for writ of certiorari runs from the date of entry of the judgment sought to be reviewed, and not from the date of issuance of the mandate.
A minimum of four of the nine justices is required to grant a writ of certiorari, referred to as the "rule of four". The court denies the vast majority of petitions and thus leaves the decision of the lower court to stand without review; it takes roughly 80 to 150 cases each term.
The Writ of Certiorari Process Anyone dissatisfied with the ruling of the Court of Appeals can then ask the Supreme Court to review the Court of Appeals' decision and procedures.By granting the petition and issuing a writ of certiorari, the Court agrees to hear the case.
Writs of Certiorari Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.According to these rules, four of the nine Justices must vote to accept a case.
Getting a case heard by the Supreme Court is considerably more difficult than gaining admission to Harvard. In 2010, there were 5,910 petitions for a Writ of Certiorari filed with the Supreme Court, but cert was granted for only 165 cases. That is a success rate of only 2.8%.
A case cannot, as a matter of right, be appealed to the U.S. Supreme Court. As such, a party seeking to appeal to the Supreme Court from a lower court decision must file a writ of certiorari. In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case.
Granting Certiorari The Justices use the "Rule of Four to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari. This is a legal order from the high court for the lower court to send the records of the case to them for review.
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.
Writs of Certiorari The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.According to these rules, four of the nine Justices must vote to accept a case.