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

A writ of certiorari is a document issued by a higher court that orders a lower court to send up the records of a case, so that it can be reviewed. In appellate practice, a writ of certiorari is a key tool used to enable a higher court to review the decision of a lower court. When a lower court enters a judgment, either party can appeal the decision to a higher court. To begin the appeals process, the appealing party must file a petition for a writ of certiorari (often referred to simply as a “cert”) in the higher court. The certificate requests that the higher court review the lower court’s decision. If the higher court grants the cert, it will issue a writ of certiorari and direct the lower court to send up the case to the higher court. The writ of certiorari essentially gives the higher court permission to review the case law and to make an appellate decision. Once the case is sent up from the lower court, the appellate court may review the case and decide to modify, reverse, or affirm the lower court’s decision. A writ of certiorari is an important part of the appellate process and must be obtained before an appeals court can review a case.

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

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