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How many signatures does the US Supreme Court need to issue a Writ of Certiorari?
Wiki User
∙ 13y ago
The answer depends on the petitioner's filing status with the US Supreme Court.
A regular petitioner who files and is paying docketing fees is instructed to submit forty copies of his or her petition to the Court. Many petitioners are granted leave to file "in forma pauperis," a discretionary decision on the part of the Court that allows indigent and low-income individuals to file without paying a docketing fee, and to submit an original with only ten copies of his or her petition, plus ten copies of a motion for leave to file in forma pauperis. Prison inmates may also file a petition for a writ of certiorari. If proceding pro se (self-representing) they are only required to provide one copy of the petition and one motion.
Rule 12 of the current Rules of the Supreme Court of the United States, which went into effect on February 16, 2010, explains the requirements for submission:
Rule 12. Review on Certiorari: How Sought; Parties
- Except as provided in paragraph 2 of this Rule, the petitioner shall file 40 copies of a petition for a writ of certiorari, prepared as required by Rule 33.1, and shall pay the Rule 38(a) docket fee.
- A petitioner proceeding in forma pauperis under Rule 39 shall file an original and 10 copies of a petition for a writ of certiorari prepared as required by Rule 33.2, together with an original and 10 copies of the motion for leave to proceed in forma pauperis. A copy of the motion shall precede and be attached to each copy of the petition.
- An inmate confined in an institution, if proceeding in forma pauperis and not represented by counsel, need file only an original petition and motion.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
Wiki User
∙ 13y agoAt least four of the nine Justices of the Supreme Court must agree to grant a petition for a writ of certiorari. This is called the rule of four. Conversely, five votes are required to determine the outcome of a case after it is heard.
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What do attorneys first submit to the US Supreme Court?
A petition for a writ of certiorari, or request for the Supreme Court to consider their case on appeal and issue a writ of certiorari to the lower (usually appellate) court. A writ of certiorari is a court order requesting the official records for a specified case.
A court with what jurisdiction would issue a writ of certiorari?
A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.
What is the name for a formal request to the Supreme Court to hear a case?
The formal request is called a Petition for a Writ of Certiorari.The Court grants certiorari to the petitioner, and issues a writ of certiorari to the lower court, asking for the case files.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court. Review of an appeal is not a right; the justices grant certiorari at their discretion.Appellate courts may also issue a writ of error, which is an order to release the trial record of an adjudicated case. This is most often sent from an intermediate appellate court to the court of original jurisdiction.
What is the document called that the supreme court receives when it accepts a case?
AnswerCase files and briefs.Contrary to popular belief, the Supreme Court does not receive a Writ of Certiorari when it accepts a case; the court issues a Writ of Certiorari, which is an order to the lower courts to send case records to the US Supreme Court for review.ExplanationA formal request for review by the US Supreme Court is called a petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant certiorariand issue a writ of certiorari to the lower court.A writ of certiorari is an order from a higher appellate court to a lower court demanding a certified record of a particular case so the higher court (in this case, the US Supreme Court) can review the lower court's decision.When the lower court receives the writ, they send the case files to the Court. Meanwhile, the attorneys for both parties submit briefs, documents that present the points and arguments for each side of the case.The Supreme Court receives a petition for a writ of certiorari from one party to the case.The Supreme Court decides whether to hear the case: if they agree, they grant certiorari; if they refuse, they deny certiorari.If the Supreme Court grants certiorari, it sends a writ of certiorari to the lower court.The Supreme Court receives case files from the lower court.The Supreme Court receives briefs from the parties to the case.The Supreme Court may receive other documents, such as amicus briefs, etc.
What is petititon for the US Supreme Court to hear a case called?
A petition for a writ of certiorari. If the Supreme Court agrees to hear the case, they grant cert(iorari); otherwise, they issue an order declare cert(iorari) denied. After the Court accepts a case, it issues a writ of certiorari to the last court to handle the case, ordering the relevant files be sent to the Supreme Court. The case itself is said to be "on certiorari from [name of lower court]" (e.g., On certiorari from the US Court of Appeals for the Fourth Circuit).For more information, see Related Questions, below.
What type of writ is used to appeal a case to the US Supreme Court?
A writ is an order of the court requiring action from another court or individual.Most cases are appealed to the US Supreme Court by a petition for a writ of certiorari, which is a request that the justices accept review of the case and issue a writ of certiorari, or order to the lower courts to send all trial and appellate records to the Supreme Court.
What affect does the supreme court's refusal to issue a writ of certiorari have on lower court's decisions?
The lower court decision from the highest court that reviewed the case becomes final and legally binding.
What does the US Supreme Court issue when it accepts a case for review?
A writ of certiorari is an order that allows the Supreme Court to review lower court cases. This writ is not limited to the Supreme Court, it may be used by any appellate court needing to review a case.
What court grants appeal by permission only?
The Supreme Court of the United States has full discretion over the cases reviewed under its appellate jurisdiction. Appellants submit a "petition for a writ of certiorari," asking the Court to consider a case. If the Supreme Court believes the petition has merit, they may grant certiorari (grant cert) and issue a writ of certiorari (order to the lower court to send case records). When the justices grant cert, they are essentially granting permission to the petitioner to bring a case before the Court.
Who can attend the Supreme Court hearing?
A plaintiff or defendant in a federal court case (or in a state court case where a Federal Constitutional issue is in dispute ) who wants to appeal to the Supreme Court of the United States may ask for a writ of certiorari. The U.S. Supreme Court is obligated to take certain cases on appeal (for example, capital murder cases) but has discretion to take or not take certain others. The writ of certiorari is the Supreme Court's written agreement to take one of those discretionary cases on appeal.
What term means to send up records from a lower court?
Writ of certiorariIf the US Supreme Court agrees to review a case, they issue a writ of certiorari to the lower court ordering the case records sent to the Supreme Court.For more information, see Related Questions, below.
What is an official US Supreme Court order requesting case files from a lower court called?
When a party to a case wants to request the US Supreme Court review his or her case, the attorney files a "petition for a writ of certiorari." If the Court decides to hear a case, they "grant cert(iorari)" to the petitioner and issue a Writ of Certiorari to the lower courts, ordering all case files for review.For more information, see Related Questions, below.
