Changes

'''Certiorari''', often abbreviated as "cert" as in a "petition for cert," is a writ (written order) of review issued by a higher court to a lower court. It is a means of obtaining review by an appellate court, typically a supreme court, of a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take and hear the appeal. (Often this is referred to merely 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''', often abbreviated as "cert" as in a "petition for cert," is a writ (written order) of review issued by a higher court to a lower court. It is a means of obtaining review by an appellate court, typically a supreme court, of a lower court's decision. If an appellate court grants a writ of certiorari, it agrees to take and hear the appeal. (Often this is referred to merely 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 in order to decide the dispute "on the merits."  

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 occurred in 2007 in the high-profile case of ''[[Boumediene v. Bush]]''.

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 occurred in 2007 in the high-profile case of ''[[Boumediene v. Bush]]''.

== Statistics and Filing Information ==

== Statistics and Filing Information ==

Only about 1% of petitions for cert are granted.<ref>http://dailywrit.com/2013/01/likelihood-of-a-petition-being-granted/</ref><ref>Thompson, D. & Wachtell, M.: ''An Analysis of Supreme Court Petition Procedures'', George Mason Law Review (2009) http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf</ref>  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.

Only about 1% of petitions for cert are granted.<ref>http://dailywrit.com/2013/01/likelihood-of-a-petition-being-granted/</ref><ref>Thompson, D. & Wachtell, M.: ''An Analysis of Supreme Court Petition Procedures'', George Mason Law Review (2009) http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf</ref>  The U.S. Supreme Court declines review in about 99% of the cases presented to it.  Moreover, of the only about 60 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.

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.

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).  

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.

The deadline for filing an amicus brief in support of a petition for cert is to give written or email notice to all the parties at least 10 days prior to the court-established deadline for a response to the petition. Sometimes the Respondent files an early waiver of his right to respond in order to accelerate that deadline.  Amicus must serve three (3) hard copies of the brief on each party, in addition to emailing them a copy and uploading an electronic copy to the Court's website.

 

The deadline for filing an amicus brief on the merits, after certiorari has been granted, is typically 7 days after the brief by a party which the amicus supports is filed.

== Petition Stage ==

== Petition Stage ==

=== Contents of Appendix to the Petition ===

=== Contents of Appendix to the Petition ===

The Rules of the [[U.S. Supreme Court]] set forth the required order and contents for a petition:<ref>http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf</ref>

The Rules of the [[U.S. Supreme Court]] set forth the required order and contents for a petition, as of 2007 (check the Court's website for its latest version of its rules):<ref>http://www.supremecourtus.gov/ctrules/2007rulesofthecourt.pdf</ref>

:(i) the opinions, orders, findings of fact, and conclusions of law, whether  written or orally given and transcribed, entered in conjunction with the judgment sought to be reviewed;

:(i) the opinions, orders, findings of fact, and conclusions of law, whether  written or orally given and transcribed, entered in conjunction with the judgment sought to be reviewed;