What is a writ of certiorari and how is it used in appellate practice?

A writ of certiorari is a legal document issued by a higher court in order to review the decisions of a lower court. It is typically used in appellate practice in Florida, where the higher court is either the Florida Supreme Court or one of the state’s five district courts of appeal. When a lower court makes a decision in a case, either the plaintiff or the defendant can then choose to appeal the decision to a higher court. If either party chooses to appeal, they must file a writ of certiorari with the higher court to formally request a review. When the higher court receives the writ of certiorari, it then reviews the evidence and arguments from both parties to decide whether or not to hear the appeal. If the court decides to hear the appeal, it will decide whether or not the decision of the lower court should be overturned. In summary, a writ of certiorari is a document that must be filed in order for an appeal to be heard by a higher court in Florida. It is the first step in the appellate process and is used to determine if the higher court will review the decisions of the lower court.

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