What is a writ of certiorari and how can it be used in international litigation?

A writ of certiorari is a document issued by a higher court to a lower court, typically a state court in Delaware, to review the legality of a decision made by the lower court. It is a form of appellate review used in international litigation when parties disagree with the outcome of a case heard in the lower court. The writ of certiorari is petitioned by either a plaintiff or defendant in the case and, if granted, the decision of the lower court is suspended and a higher court reviews the case. The higher court may uphold the decision made by the lower court or may overturn it and issue a new decision. In Delaware, international litigants may petition for a writ of certiorari with the Supreme Court if they are unsatisfied with the decision of the lower court. The writ of certiorari must explain why the petitioner believes the lower court decision was wrong and the request must be filed within 30 days of the lower court’s decision. In international litigation, a writ of certiorari is used to provide a secondary form of review when the parties are not satisfied with the initial court’s decision. It allows the higher court to review the facts and legal issues of the case to ensure that the decision made by the lower court was just and correct. Ultimately, the decision of the higher court is the final decision.

Related FAQs

What is a writ of certiorari and how can it be used in international litigation?

Related FAQs

Related Blog Posts