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.

Related FAQs

How does an appellate court evaluate a trial court’s factual findings?
What is the process for seeking review by the U.S. Supreme Court?
What issues can be raised on appeal?
What is the appellate court’s role in interpreting statutes?
What is the process for obtaining an appellate court order for a stay of enforcement?
What is the process for obtaining an appellate court’s review of a case?
What is the process for obtaining an appellate court review of a trial court’s decision?
How do I cite to appellate court decisions?
What kind of relief can be sought from an appellate court?
How does an appellate court evaluate a trial court’s legal errors?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023