What is the procedure for filing a petition for writ of certiorari?

A petition for a writ of certiorari is a legal document that a party can file in order to have an appellate court review the decision of a lower court. In Mississippi, a party wishing to file a petition for a writ of certiorari must do so by filing a Notice of Appeal in the circuit court where the lower court’s decision was rendered. The Notice of Appeal must include a copy of the lower court’s decision and a statement of the case. Along with the notice, the party must also submit to the appellate court a petition for writ of certiorari. The petition must include the facts of the case and the grounds on which the party is requesting review. After the appellate court has received the Notice of Appeal and petition, the court will decide whether to accept the request for a writ of certiorari. If the court grants the petition, it will issue a writ of certiorari and the appellate process can begin. If the court decides to deny the petition, the lower court’s decision will stand. In every case, all parties must ensure that the Notice of Appeal and petition for writ of certiorari are filed in a timely manner. If the filing is not done in a timely manner, the party’s case may be dismissed and the lower court’s decision may remain in effect.

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