Are parties able to appeal an appellate court’s decision to a higher court?
In California, parties are able to appeal an appellate court’s decision to a higher court. This is called “petitioning for certiorari.” Certiorari is a legal term which means “to be informed of” or, in other words, for a higher court to review the decision of a lower court. In California, the lower court is typically the trial court, so if a party wishes to appeal a decision from that court, it will go to the California Court of Appeal. In the Court of Appeal, the losing party may file a petition for certiorari if they wish to appeal the ruling further. This petition will be filed with the California Supreme Court, which is the highest court in the state. In most cases, the Supreme Court must agree to hear the case. The party filing the petition must show that their case is of great legal importance to the state of California. The Supreme Court has the discretion to accept or reject the petition. If the court rejects the petition, the ruling of the Appellate Court stands. Assuming the petition is accepted, the Supreme Court reviews the case and renders a decision. This decision is final and cannot be appealed to any higher court. Therefore, the decision of the California Supreme Court is the ultimate authority on a matter in the state.
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