What is the process for filing a petition for certiorari to the U.S. Supreme Court?
In North Carolina, filing a petition for certiorari to the U.S. Supreme Court is a lengthy process. The petitioner must first file a petition in the Supreme Court of North Carolina, citing the decision of the lower court and asking the Supreme Court to review the case. This petition must be accompanied by a copy of the lower court’s decision as well as the petitioner’s brief and argument in support of the petition. The North Carolina Supreme Court will then consider the petition and decide whether or not to grant certiorari. If the petition is denied, the petitioner may appeal the decision to the U.S. Supreme Court by filing a petition for writ of certiorari. This petition must include a copy of the North Carolina Supreme Court’s ruling, the petitioner’s brief and argument in support of the petition, and the petitioner’s request for certiorari. The U.S. Supreme Court will then decide whether to grant certiorari or deny it. If it is granted, the case will be heard by the U.S. Supreme Court. If it is denied, the petitioner may seek reconsideration by the U.S. Supreme Court, but this is rare. Ultimately, filing a petition for certiorari in North Carolina is a long and complicated process, and success is rare.
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