What is a writ of certiorari?

A writ of certiorari is a court document issued by a higher court to order a lower court to provide records of a case. It is typically used by appellate courts to consider cases they did not hear initially, such as when a defendant appeals a conviction in a lower court. When a party wishes to appeal a lower court’s decision, they must file a petition for a writ of certiorari. This petition must contain the legal argument in favor of the appeal, as well as the relevant facts of the case. The court may then grant the writ, which serves as a formal request for the lower court to provide records related to the case. This may include court minutes, transcripts, exhibits, and other documents related to the case. The lower court is required to respond to the writ of certiorari by sending the requested records to the higher court. Once the higher court receives the record, they are able to review the case and make a final decision. This is how appeals are handled in Florida; the writ of certiorari is often the first step in the appellate process.

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What is a writ of certiorari?

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