What does the writ of certiorari mean?
Any order or directive given to a lower court by a higher court is called certiorari. The main purpose of this order is for the higher court to get the details and records of any particular case in order to review it. The Writ of Certiorari is issued by the Supreme Court in the United States to any lower court. However, one may not be able to appeal to the Supreme Court directly. One will have to appeal to the circuit court of appeals. The writ allows the Supreme Court to review any decisions taken by the court of appeals. It also gives the Supreme Court the right to use its resources and analyze any important case regarding constitutional issues. Given below are some of the important questions about the Writ of Certiorari: Under what circumstances can a writ of certiorari be issued?
The writ of certiorari may be granted rarely by the US Government. However, it may be granted under the following circumstances:
• There is a conflict regarding a decision taken on a particular matter between two courts of appeals. A decision about an important federal matter has been taken in a way that conflicts the decision of the state court. The lower courts have deviated from the normal course of law while carrying out the judicial proceedings of a case.
• A state court or the US court of appeals passed a judgment on a case that should have been handled by the Supreme Court. Normally, the writ may not be issued only on the basis of facts or poor behavior by the lower court. Only matters of importance will justify this writ. What is the process to file for a Writ of Certiorari in the US Supreme Court?
The petition for a writ of certiorari can be filed in the form of a booklet with a white cover. However, all the criteria required to file the petition for the writ should be met. The petition should not be more than 9000 words. The person should file 40 copies of the petition with the court. The fee to file this petition is $300. The petition may be filed on the first Monday of October when the court is in session. One may get all the details regarding mailing and filing the petition by calling the Clerk of Court. The court may also grant a concession on the petition fees if the individual is able to prove that he/she comes from a poor background. If the petition for the writ is approved, the case may be scheduled for filing of briefs and an oral argument. An individual’s appeal for the writ of certiorari was rejected by the ninth circuit. Can the individual file an appeal directly with the Supreme Court?
A minimum of 4 judges out of 9 have to approve a writ of certiorari for it to be passed. This is called the Rule of Four. In most cases, the Supreme Court hears about 100 cases a year out of the 8000 odd cases that it receives. Hence, it may be unlikely for the Supreme Court to hear a person’s appeal if it has been rejected by the ninth circuit. What can a person do if his/her petition for the Writ of Certiorari gets rejected by the Supreme Court?
Most of the times, if the petition for a writ of certiorari is rejected by the Supreme Court, the person may not be able to do anything. The case may end right there. In such a scenario, the judgment passed by the lower court would be considered the final judgment. The only option that the person may have is to re-examine the case and see if any other legal angle can be introduced. The writ of certiorari enables a person to file an appeal with the highest court in the US – the Supreme Court. There are various criteria that should be met for this writ to be granted. You may ask a lawyer if you have any questions or need further information about this writ.
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