What is the process for filing a writ of certiorari?

A writ of certiorari is a legal document that allows an appeals court to review a lower court’s decision. The process for filing a writ of certiorari in California depends on the type of court in which the case originated. First, if the initial case was heard in a state court, the form to file a writ of certiorari with the Supreme Court of California must be obtained from the court clerk’s office. The form should be filled out completely, including a detailed statement of the case’s facts and legal arguments. The filing fee for the writ must also be paid. Second, if the case originated in a federal court, the filing must be done in the United States Supreme Court. In this case, the filing party must submit a petition for a writ of certiorari to the Supreme Court, as well as a brief and a completed appendix. Both the brief and the appendix provide the court with the details of the case. The filing fee for the writ must also be paid. Lastly, the parties involved in the case must then wait until a decision is made by the court. If the court decides to review the case, it will issue a writ of certiorari and the appeals process can begin. If the court denies the writ, the lower court’s decision will stand.

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