What is the difference between an appeal and a writ of certiorari?

The legal process of appealing a court’s decision is an important part of the judicial system in Indiana. There are two main avenues of appeal in the state: appeals and writs of certiorari. An appeal is a process where a higher court reviews the decision of a lower court to decide if the lower court committed a legal error. To start the appeal process in Indiana, the appealing party must file a Notice of Appeal with the clerk of the lower court. A writ of certiorari, on the other hand, is a document issued by a higher court that allows a lower court’s decision to be reviewed. It is usually used in cases where the lower court’s decision was not appealed or the appeal was denied. Writs of certiorari are typically issued when the higher court finds that there was an error in the lower court’s decision that needs to be corrected. The main difference between appeals and writs of certiorari is that appeals are initiated by the appealing party, while writs of certiorari are issued by the higher court. Appeals are often more time-consuming and expensive, while writs of certiorari are generally quicker and less expensive. The decision to appeal or pursue a writ of certiorari should be made with the help of a qualified attorney who is familiar with the laws of Indiana.

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