What is the process for seeking review by the U.S. Supreme Court?
The process for seeking review by the U.S. Supreme Court in New Hampshire is a lengthy and complex one. There are two main avenues to review an appellate decision – either by petition for a writ of certiorari or by filing a certiorari by right. A petition for a writ of certiorari is a written request to the Supreme Court asking them to review the decision of the court of appeals. The petition must comply with the Court’s rules for the form and content of the petition, and must be supported by legal argument in the form of a brief. The Supreme Court has discretion to grant or deny the petition. The other option is to file a certiorari by right. This is only possible when there is a conflict between the decisions of different courts of appeals on the same or similar issues, or when the federal government is a party to the case. In New Hampshire, the party wishing to file a certiorari by right must obtain authorization from the Supreme Court before filing the application. Whether the case is heard by petition for a writ of certiorari or certiorari by right, the Supreme Court’s decision to grant review is discretionary. If review is granted, the case will be considered by the Supreme Court, which will issue a decision to uphold or overturn the decision of the court of appeals.
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