What is the procedure for filing a petition for writ of certiorari?
Petitioning for a writ of certiorari is a procedure available in Nebraska appellate law for seeking review of a lower court decision. Before filing a petition for a writ of certiorari, the petitioner must decide whether they have a valid legal basis to dispute the lower court’s decision. If so, the petitioner must then file a brief with the Nebraska Supreme Court. The brief should contain facts and legal arguments which demonstrate why the lower court’s ruling is wrong. The brief should also include a discussion of the applicable legal standards and a clear statement on why the petitioner believes the lower court’s ruling should be reversed or modified. A petition for certiorari must include an appellant’s brief which outlines the lower court’s error and a proposed order of the Supreme Court granting the writ. The Supreme Court will then decide whether or not to grant the petition. The Supreme Court may deny the writ without comment or certify it in a written opinion. In addition to the petition and the brief, the petitioner must also include transcripts of all proceedings in the lower court, as well as copies of any documents or exhibits that were admitted into evidence at the trial. Once the petition and the brief are filed, the Supreme Court will review the petition and address any outstanding issues. If the petition is approved, the Supreme Court will issue an order granting the writ of certiorari. The order will direct the lower court to send certified copies of the transcript to the Supreme Court for review. The Supreme Court will then consider the petition on its merits and render a written opinion.
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