What is the process for filing a writ of certiorari?

A writ of certiorari is a document issued by a higher court to a lower court asking the lower court to deliver the records of a specific case for review, allowing the higher court to review a lower court’s decision. In Colorado, the process of filing a writ of certiorari starts with filing a Petition for Writ of Certiorari with the Colorado Supreme Court. This petition must include information about the lower court’s decision, and must also include the petitioner’s statement of the legal issue to be decided. Once the petition has been filed, the Colorado Supreme Court decides whether to review the lower court’s decision. If the court decides to review the decision, then the petitioner will be notified and will be given the opportunity to provide further briefings and argument to support the petition. The court then issues a writ of certiorari, which requires the lower court to send the records of the case to the Colorado Supreme Court. Once the records have been received, the Colorado Supreme Court then reviews the case to determine if the lower court’s decision was correct. The court may decide to affirm the lower court’s ruling, or reverse the ruling and issue a new judgment. The Colorado Supreme Court’s decision is final and cannot be appealed further.

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