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Writ of certiorari refers to the power of the Supreme Court—the highest federal court in the United States—to re-examine the decisions of a lower court. A party who is unsatisfied with the legal conclusions in a trial may request an appeal, which usually goes to the U.S. Court of Appeals or a state appellate or state Supreme Court. If that party is still displeased with the decisions of the appeals court, they may want to request a review by the Supreme Court, called a writ of certiorari.

In order to request a review by the Supreme Court, the losing party must file a petition for writ of certiorari, which is sometimes called a cert petition . The petition gives information about the case including the legal questions and arguments the party wants reviewed should the Supreme Court grant the writ of certiorari.

Every year, the Supreme Court receives thousands of petitions for writ of certiorari, but only accepts about 100 of them. A writ of certiorari is not a right, but will only be granted for compelling reasons at the judiciary's discretion . For example, if a case is of significant public interest and has been resolved differently by a number of courts leading to confusion of the law, cert petitions may be granted.

When the Supreme Court grants a writ of certiorari, it does not necessarily mean they are dissatisfied with the judgment of the lower courts, nor does it mean they approve the decisions of the lower courts when they deny a cert petition.

If you would like to learn more information about writ of certiorari, contact us today to speak with an experienced attorney.

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