Who needs To be Writ of Certiorari?
The Writ of Certiorari is a petition filed by a party who isn’t the satisfied with the decision of a lower court and is seeking its review by the Supreme Court of the United States.
What is the Writ of Certiorari meant for?
Filing the Writ of Certiorari is the only acceptable way to claim the review of the court’s decision (it is acceptable to be done in form paupers because of the inability to pay the court fee). The completed Writ of Certiorari form aims to explain the petitioner’s situation and provide all the information on the case required for the review.
Is the Writ of Certiorari accompanied by any other forms?
The Writ of Certiorari Petition should be accompanied by a $300 docket fee or by an application to proceed in form paupers that is included in the fillable Writ of Certiorari package.
When is the Writ of Certiorari due?
While claiming the court’s decision review, it is vital to follow strict deadlines. The Writ of Certiorari Petition is acceptable for submission within 90 days after the judgment entry. The allowed period to fill out a petition for writ of certiorari starts from the date of entry of the judgment claimed to be reviewed and not from the date of issuance of the mandate. In case a petition for rehearing is submitted in a timely manner in the court of appeals, the period to complete the petition for Writ of Certiorari for all parties begins from the moment of the petition for rehearing denial or the subsequent entry of judgment upon the rehearing.
What information to provide on the Writ of Certiorari?
The completed petition is to include the following parts:
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Motion for Leave to Proceed in Form Paupers and the corresponding Affidavit or Declaration (if necessary);
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Questions;
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List of Parties;
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Cited Authorities;
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Opinions;
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Jurisdiction;
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Constitutional and Statutory Provisions Involved;
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The Case Statement;
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Reasons to be Granted the Petition;
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Conclusion;
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Proof of Service.
Where to send the filled out Writ of Certiorari?
The petition for the Writ of Certiorari is to be directed to the Clerk of the United States Supreme Court. Its address is Washington D.C. 20543.