What is the procedure for filing a petition for writ of certiorari?
When an individual or entity is dissatisfied with the ruling of a Georgia appellate court, they may seek a petition of writ of certiorari from the Georgia Supreme Court. This petition allows the individual or entity to ask the Georgia Supreme Court to review the decision of the appellate court. This can be done regardless of whether the ruling was favorable or unfavorable to a party. The procedure for filing a petition for writ of certiorari in Georgia begins with filing a Motion for Discretionary Appeal with the Georgia Supreme Court. The Motion must include a copy of the order from the appellate court, a brief statement of the facts and errors, and a certificate of service. The Georgia Supreme Court will then decide whether to grant the Motion, and if they do, the petitioner must file a Petition for a Writ of Certiorari, which must include a copy of the Motion, a statement of the facts and errors, a copy of the record on appeal, and a copy of any opinion from the appellate court. The Petition must be filed within 30 days of the date that the Georgia Supreme Court grants the Motion. If the Petition is not filed within this period, the petitioner must obtain another Motion for Discretionary Appeal. Once the Petition for Writ of Certiorari is filed, the Georgia Supreme Court will review it and decide whether to grant or deny the petition. If the petition is granted, the court will review the ruling of the appellate court. If the petition is denied, the ruling of the appellate court stands.
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