What are the requirements for filing a petition for a writ of certiorari?
The requirements for filing a petition for a writ of certiorari in North Carolina are outlined in the North Carolina Rules of Appellate Procedure. In order to file a petition for a writ of certiorari, the petitioner must show that they have a right to appeal the decision of the lower court. This generally means that the petitioner must have been a party to the original court case. Additionally, the petitioner must show that the court of appeals did not have the authority to make the decision that it did. The petition must include the relevant facts of the original case, the specific grounds on which the petitioner is seeking to appeal the decision, and a statement of what relief is being sought. This can include a request that the court of appeals decision be reversed or modified, that a new trial be ordered, or that the trial court’s decision be reinstated. The petition also must include a copy of the court order being challenged. Once the petition is filed, the Clerk of the Supreme Court of North Carolina must issue a rule that directs the petitioner to show cause why the writ should not be issued. The petitioner must demonstrate to the court that the court of appeals did not have the authority to make the decision in question, that there was an error of law in its decision, or that the decision was not supported by the evidence adduced at trial. The court will then either grant or deny the petition.
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