How to write a petition for writ of certiorari?

Jul

19

2011

A petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals should be timely and appropriately filed with the Clerk of this Court.

The Clerk will not file any petition for a writ of certiorari that is jurisdictionally out of time, which is mostly within 90 days after entry of the judgment. The failure of a petitioner to present with accuracy, brevity, and clarity whatever is essential to ready and adequate understanding of the points requiring consideration is sufficient reason for the Court to deny a petition.

A petition for a writ of certiorari shall contain, the following:

  • A concise statement of the basis for jurisdiction in this Court, showing:
    • the statutory provision believed to confer on this Court jurisdiction to review on a writ of certiorari the judgment or order in question;
    • the date the judgment or order sought to be reviewed was entered;
    • the date of any order respecting rehearing, and the date and terms of any order granting an extension of time to file the petition for a writ of certiorari;
    • the date when a cross petition for a writ of certiorari is filed and the date of docketing of the petition for a writ of certiorari in connection with which the cross petition is filed;
    • a statement that the notifications that may have been made.
  • A list of all parties to the proceeding in the court whose judgment is sought to be reviewed.
  • 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.
  • A direct and concise argument amplifying the reasons relied on for allowance of the writ.
  • A petition for a writ of certiorari should be stated briefly and in plain terms and may not exceed the word or page limitations specified by the court rules.
  • All contentions in support of a petition for a writ of certiorari shall be set out in the body of the petition. No separate brief in support of a petition for a writ of certiorari may be filed.
  • A concise statement of the case setting out the facts material to consideration of the questions presented, and also containing the following:
    • If review of a state-court judgment is sought, specification of the stage in the proceedings, both in the court of first instance and in the appellate courts, when the federal questions sought to be reviewed were raised; the method or manner of raising them and the way in which they were passed on by those courts; and pertinent quotations of specific portions of the record or summary thereof, with specific reference to the places in the record where the matter appears (e. g., court opinion, ruling on exception, portion of court’s charge and exception thereto, assignment of error), so as to show that the federal question was timely and properly raised and that this Court has jurisdiction to review the judgment on a writ of certiorari.
    • If review of a judgment of a United States court of appeals is sought, the basis for federal jurisdiction in the court of first instance.
  • Citations of the official and unofficial reports of the opinions and orders entered in the case by courts or administrative agencies.
  • The constitutional provisions, treaties, statutes, ordinances, and regulations involved in the case, set out verbatim with appropriate citation.
  • If the petition exceeds five pages, or 1,500 words, a table of contents and a table of cited authorities. The table of contents shall include the items contained in the appendix. An appendix containing, in the order indicated:
    • 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;
    • any other opinions, orders, findings of fact, and conclusions of law entered in the case by courts or administrative agencies, and, if reference thereto is necessary to ascertain the grounds of the judgment, of those in companion cases (each document shall include the caption showing the name of the issuing court or agency, the title and number of the case, and the date of entry);
    • any order on rehearing, including the caption showing the name of the issuing court, the title and number of the case, and the date of entry;
    • the judgment sought to be reviewed if the date of its entry is different from the date of the opinion or order required in sub subparagraph (i) of this subparagraph;
    • material required by subparagraphs 1(f) or 1(g)(i); and
    • any other material the petitioner believes essential to understand the petition.

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In: Common Questions,Post-Trial Asked By: [6135 Red Star Level]
Answer #1

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To know more about A Writ of Certiorari check out: http://proseanswer.com/932/understanding-writ-of-certiorari/

Good Luck!

Answers Answered By: ProSePro [6135 Red Star Level]

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