Difference between revisions of "Certiorari"
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| − | '''Certiorari''' is a writ of review issued by a higher court to a lower court. It is a means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this is referred to as "granting cert.") An application for '''certiorari'' is known as a "petition for cert", which is shorthand for a "Petition for a Writ of Certiorari." See also [[Writ of Certiorari]]. | + | '''Certiorari''' is a writ of review issued by a higher court to a lower court. It is a means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this' is referred to as "granting cert.") An application for '''certiorari'' is known as a "petition for cert", which is shorthand for a "Petition for a Writ of Certiorari." See also [[Writ of Certiorari]]. |
The votes of only four out of nine Justices, not a majority (five out of nine), are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case. | The votes of only four out of nine Justices, not a majority (five out of nine), are required by the [[U.S. Supreme Court]] to "grant cert." and thereby accept appeal of a case. | ||
Revision as of 22:19, August 24, 2007
'Certiorari is a writ of review issued by a higher court to a lower court. It is a means of getting an appellate court to review a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take the appeal. (Sometimes this' is referred to as "granting cert.") An application for certiorari is known as a "petition for cert", which is shorthand for a "Petition for a Writ of Certiorari." See also Writ of Certiorari.
The votes of only four out of nine Justices, not a majority (five out of nine), are required by the U.S. Supreme Court to "grant cert." and thereby accept appeal of a case.
If the Court declines cert., then five votes rather than four are required to grant cert. on a motion for reconsideration of that denial. That rarely happens, but did in 2007 in the high-profile case of Boumediene v. Bush.
Statistics and Filing Information
Only about 1% of petitions for cert are granted. The U.S. Supreme Court declines review in about 99% of the cases presented to it. Moreover, of the less than 100 petitions granted each year, many of them are on obscure legal issues having little importance. The Supreme Court prefers to take cases to resolve a conflict between the Circuit Courts, otherwise known as "circuit split" or "split in the circuits." This preference can result in taking a higher percentage of insignificant issues than one would expect, such as a variety of claims by prisoners or unusual assertions of a right to free speech.
Statistically, the presence of amicus curiae briefs in support of petitions is correlated to an increase percentage of success, although that may simply be because stronger petitions attract more amicus briefs.
Only members of the bar of the Supreme Court may file an amicus brief. Filing requirements include 40 copies and the proper color for the cover (cream-colored if in support of a petition for cert). The deadline is the same as the deadline for a response to the petition, but beware if the Respondent files an early waiver of his right to respond in order to accelerate that deadline. Amicus must also serve three (3) copies of the brief on each party.
Consent must be obtained from the parties in order to file an amicus brief or, in the absence of consent, a motion for leave from the Court to file the brief must be included and bound with the brief.
