How do I file a petition for a writ of certiorari?

In South Carolina, a petitioner can file a petition for a writ of certiorari in the Supreme Court of South Carolina. The petition must be filed within 20 days of the final decision of the lower court. It needs to be in writing and it must state the reason why the petitioner believes he/she should receive a review of the case by the Supreme Court. The petitioner must also submit a copy of the lower court’s decision. Once the petition is submitted, the Court has the discretion to decide whether to grant or deny the petition. In many cases, the Court will decide to deny the petition unless there is an error of law or a significant issue raised in the petition which requires consideration. The Court may issue an order for an oral argument on the merits of the petition. If the Court decides to grant the petition, it will issue a writ of certiorari which will vacate the lower court’s decision. The case will be reheard by the Supreme Court. The petitioner can present new evidence and argument to the Court. After hearing all the arguments, the Supreme Court will issue its own opinion which will establish the law of the case. The process of filing a petition for writ of certiorari in South Carolina is complex and should be undertaken with the help of experienced legal counsel. The attorneys at the Supreme Court of South Carolina can provide more advice on the process and the requirements for filing a petition.

Related FAQs

What is the standard of review used on a post-conviction relief order?
Are there rules of evidence during a criminal appeal?
How do I file a petition for rehearing on an appeal?
What are the differences between civil and criminal appeals?
Can I petition a court for habeas corpus relief in a criminal case?
Can I appeal a criminal sentence?
What is the difference between direct and collateral appeal?
What is the standard of review for post-conviction relief?
Is an attorney necessary for a criminal appeal?
What is a direct appeal?

How do I file a petition for a writ of certiorari?

Related FAQs

Related Blog Posts