A Writ of Certiorari is a legal form submitted to the U.S. Supreme Court, requesting the Court to review and rule on the decisions of lower courts. It operates under judicial discretion, meaning it's not guaranteed but selected based on the significance of the issues at hand, often focusing on resolving conflicts among appellate courts on specific legal questions. This guide, updated in July 2019 by the Supreme Court Clerk's Office, outlines the process for indigent petitioners proceeding without counsel, emphasizing the necessity of familiarity with Supreme Court Rules, the timing for filings, and the requirements for what documents to include.
If you're considering petitioning for a writ of certiorari, it's critical to understand the form and accompanying documents thoroughly. Click the button below to start filling out your form with more clarity and confidence.
Among the critical facets of law that enable individuals, particularly those lacking the financial means and not represented by counsel, to seek justice at the highest court is the writ of Certiorari form issued by the Supreme Court of the United States. Dated July 2019 and emanating from the Office of the Clerk, this guide is instrumental for prospective indigent petitioners, laying out a detailed roadmap through complex legal proceedings. It encapsulates not only the essence of what review via a writ of certiorari entails—emphasizing it as a discretionary measure rather than a right—but also meticulously outlines the entire process from filing petitions to considerations for review, and the stringent timeline and formatting requirements that accompany these pleadings. While highlighting the Supreme Court’s selective nature in hearing cases, which sees only about 1% of petitions granted each term, it underscores the Court’s focus on matters presenting significant implications beyond the presenting parties. Furthermore, the form serves as a practical toolkit; it specifies the documents petitioners need to file, addresses page limitations, stresses the importance of redacting personal information, and explains the method of filing, including for those petitioners confined in institutions. This comprehensive document thereby bridges procedural knowledge gaps and stands as a cornerstone for those navigating the apex of the judicial system without the guidance of legal representation.
July 2019
OFFICE OF THE CLERK
SUPREME COURT OF THE UNITED STATES
WASHINGTON, D. C. 20543
GUIDE FOR PROSPECTIVE INDIGENT PETITIONERS FOR WRITS OF
CERTIORARI
I. Introduction
These instructions and forms are designed to assist petitioners who are proceeding in forma pauperis and without the assistance of counsel. A copy of the Rules of the Supreme Court, which establish the procedures that must be followed, is also enclosed. Be sure to read the following Rules carefully:
Rules 10-14 (Petitioning for certiorari)
Rule 29 (Filing and service on opposing party or counsel)
Rule 30 (Computation and extension of time)
Rules 33.2 and 34 (Preparing pleadings on 81⁄2 x 11 inch paper)
Rule 39 (Proceedings in forma pauperis)
II. Nature of Supreme Court Review
It is important to note that review in this Court by means of a writ of certiorari is not a matter of right, but of judicial discretion. The primary concern of the Supreme Court is not to correct errors in lower court decisions, but to decide cases presenting issues of importance beyond the particular facts and parties involved. The Court grants and hears argument in only about 1% of the cases that are filed each Term. The vast majority of petitions are simply denied by the Court without comment or explanation. The denial of a petition for a writ of certiorari signifies only that the Court has chosen not to accept the case for review and does not express the Court’s view of the merits of the case.
Every petitioner for a writ of certiorari is advised to read carefully the Considerations Governing Review on Certiorari set forth in Rule 10. Important considerations for accepting a case for review include the existence of a conflict between the decision of which review is sought and a decision of another appellate court on the same issue. An important function of the Supreme Court is to resolve disagreements among lower courts about specific legal questions. Another consideration is the importance to the public of the issue.
III. The Time for Filing
You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing. The issuance of a mandate or remittitur after judgment has been entered has no bearing on the computation of time and does not extend the time for filing. See Rules 13.1 and
13.3.Filing in the Supreme Court means the actual receipt of paper documents by the Clerk; or their deposit in the United States mail, with first-class postage prepaid, on or before the final date allowed for filing; or their delivery to a third-party commer- cial carrier, on or before the final date allowed for filing, for delivery to the Clerk within 3 calendar days. See Rule 29.2.
IV. What To File
Unless you are an inmate confined in an institution and not represented by counsel, file:
—An original and ten copies of a motion for leave to proceed in forma pauperis and an original and 10 copies of an affidavit or declaration in support thereof. See Rule 39.
—An original and 10 copies of a petition for a writ of certiorari with an appendix consisting of a copy of the judgment or decree you are asking this Court to review including any order on rehearing, and copies of any opinions or orders by any courts or administrative agencies that have previously considered your case. See Rule 14.1(i).
—One affidavit or declaration showing that all opposing parties or their counsel have been served with a copy of the papers filed in this Court. See Rule 29.
If you are an inmate confined in an institution and not represented by counsel, you need file only the original of the motion for leave to proceed in forma pauperis, affidavit or declaration when needed in support of the motion for leave to proceed in forma pau- peris, the petition for a writ of certiorari, and proof of service.
If the court below appointed counsel in the current proceeding, no affidavit or declara- tion is required, but the motion should cite the provision of law under which counsel was appointed, or a copy of the order of appointment should be appended to the motion. See Rule 39.1.
The attached forms may be used for the original motion, affidavit or declaration, and petition, and should be stapled together in that order. The proof of service should be included as a detached sheet, and the form provided may be used.
The Court’s practice is to scan and make available on its website most filings submitted by litigants representing themselves. The Court scans petitions, motions to proceed in forma pauperis, proofs of service, and the portion of an appendix that includes relevant lower court opinions and rulings. While the Court does not scan other por- tions of an appendix from a pro se litigant, the entire appendix is fully a part of the Court’s record and is available to the Justices.
On the same page, list all cases in other courts that are directly related to the case in this Court. A case is dirrctly related if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court,
whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for the list:
V. Page Limitation
The petition for a writ of certiorari may not exceed 40 pages excluding the pages that precede Page 1 of the form. The documents required to be contained in the appendix to the petition do not count toward the page limit. See Rule 33.2(b).
VI. Redaction of Personal Information
Pursuant to Rule 34.6, certain types of personal information should not be included in filings. For example, social security numbers and taxpayer identification numbers should be redacted so that only the last four digits of the number are included, and the names of minor children should be redacted so that only initials are included. In gen- eral, Rule 34.6 adopts the redaction practices that are applicable to cases in the lower federal courts. See, e.g., Federal Rule of Civil Procedure 5.2.
VII. Method of Filing
All documents to be filed in this Court must be addressed to the Clerk, Supreme Court of the United States, Washington, D. C. 20543 and must be served on opposing parties or their counsel in accordance with Rule 29.
INSTRUCTIONS FOR COMPLETING FORMS
I.Motion for Leave to Proceed In Forma Pauperis - Rule 39
A.On the form provided for the motion for leave to proceed in forma pauperis, leave the case number blank. The number will be assigned by the Clerk when the case is docketed.
B.On the line in the case caption for “petitioner”, type your name. As a pro se petitioner, you may represent only yourself. On the line for “respondent”, type the name of the opposing party in the lower court. If there are multiple respondents, enter the first respondent, as the name appeared on the lower court decision, followed by “et al.” to indicate that there are other respondents. The additional parties must be listed in the LIST OF PARTIES section of the petition.
C.If the lower courts in your case granted you leave to proceed in forma pau- peris, check the appropriate space and indicate the court or courts that allowed you to proceed in forma pauperis. If none of the lower courts granted you leave to proceed in forma pauperis, check the block that so indicates.
D.Sign the motion on the signature line.
II.Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis
On the form provided, answer fully each of the questions. If the answer to a question is “0,” “none,” or “not applicable (N/A),” enter that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper, identified with your name and the question number. Unless each question is fully answered, the Clerk will not accept the petition. The form must either be notarized or be in the form of a declaration. See 28 U. S. C. § 1746.
III. Cover Page - Rule 34
When you complete the form for the cover page:
A.Leave case number blank. The number will be assigned by the Clerk when the case is docketed.
B.Complete the case caption as you did on the motion for leave to proceed in forma pauperis.
C.List the court from which the action is brought on the line following the words “on petition for a writ of certiorari to.” If your case is from a state court, enter the name of the court that last addressed the merits of the case. For example, if the highest state court denied discretionary review, and the state court of appeals affirmed the decision of the trial court, the state court of appeals should be listed. If your case is federal, the United States court of appeals that decided your case will always be listed here.
D.Enter your name, address, and telephone number in the appropriate spaces.
IV. Question(s) Presented
On the page provided, enter the question or questions that you wish the Court to review. The questions must be concise. Questions presented in cases accepted for review are usually no longer than two or three sentences. The purpose of the question presented is to assist the Court in selecting cases. State the issue you wish the Court to decide clearly and without unnecessary detail.
V. List of Parties and Related Cases
On the page provided, check either the box indicating that the names of all parties appear in the caption of the case on the cover page or the box indicating that there are additional parties. If there are additional parties, list them. Rule 12.6 states that all parties to the proceeding whose judgment is sought to be reviewed shall be deemed parties in this Court, and that all parties other than petitioner shall be respondents. The court whose judgment you seek to have this Court review is not a party.
On the same page, list all cases in other courts that are directly related to the case in this Court. A case is “directly related” if it arises from the same trial court case as the case in this Court (including the proceedings directly on review in this case), or if it challenges the same criminal conviction or sentence as is challenged in this Court, whether on direct appeal or through state or federal collateral proceedings. Below is an example of the format that should be used for this list:
·Smith v. Jones, No. 18-cv-200, U. S. District Court for the Western District of Pennsylvania. Judgment entered Oct. 1, 2018.
·Smith v. Jones, No. 18-1200, U. S. Court of Appeals for the Third Circuit. Judg- ment entered Apr. 15, 2019.
VI. Table of Contents
On the page provided, list the page numbers on which the required portions of the petition appear. Number the pages consecutively, beginning with the “Opinions Below” page as page 1.
VII. Index of Appendices
List the description of each document that is included in the appendix beside the appro- priate appendix letter. Mark the bottom of the first page of each appendix with the appropriate designation, e.g., “Appendix A.” See Rule 14.1 pertaining to the items to be included in the appendix.
A. Federal Courts
If you are asking the Court to review a decision of a federal court, the decision of the United States court of appeals should be designated Appendix A. Appendix A should be followed by the decision of the United States District Court and the findings and recommendations of the United States magistrate judge, if there were any. If the United States court of appeals denied a timely filed petition for rehearing, a copy of that order should be appended next. If you are seeking review of a decision in a habeas corpus case, and the decision of either the United States District Court or the United States Court of Appeals makes reference to a state court decision in which you were a party, a copy of the state court decision must be included in the appendix.
B. State Courts
If you are asking the Court to review a decision of a state court, the decision of which review is sought should be designated Appendix A. Appendix A should be followed by the decision of the lower court or agency that was reviewed in the decision designated Appendix A. If the highest court of the state in which a decision could be had denied discretionary review, a copy of that order should follow. If an order denying a timely filed petition for rehearing starts the run- ning of the time for filing a petition for a writ of certiorari pursuant to Rule 13.3, a copy of the order should be appended next.
As an example, if the state trial court ruled against you, the intermediate court of appeals affirmed the decision of the trial court, the state supreme court denied discretionary review and then denied a timely petition for rehearing, the appen- dices should appear in the following order:
Appendix A Decision of State Court of Appeals
Appendix B Decision of State Trial Court
Appendix C Decision of State Supreme Court Denying Review
Appendix D Order of State Supreme Court Denying Rehearing
VIII. Table of Authorities
On the page provided, list the cases, statutes, treatises, and articles that you reference in your petition, and the page number of your petition where each authority appears.
IX. Opinions Below
In the space provided, indicate whether the opinions of the lower courts in your case have been published, and if so, the citation for the opinion below. For example, opin- ions of the United States courts of appeals are published in the Federal Reporter. If the opinion in your case appears at page 100 of volume 30 of the Federal Reporter, Third Series, indicate that the opinion is reported at 30 F. 3d 100. If the opinion has been designated for publication but has not yet been published, check the appropriate space. Also indicate where in the appendix each decision, reported or unreported, appears.
X. Jurisdiction
The purpose of the jurisdiction section of the petition is to establish the statutory source for the Court’s jurisdiction and the dates that determine whether the petition is timely filed. The form sets out the pertinent statutes for federal and state cases. You need provide only the dates of the lower court decisions that establish the timeli- ness of the petition for a writ of certiorari. If an extension of time within which to file the petition for a writ of certiorari was granted, you must provide the requested information pertaining to the extension. If you seek to have the Court review a deci- sion of a state court, you must provide the date the highest state court decided your case, either by ruling on the merits or denying discretionary review.
XI. Constitutional and Statutory Provisions Involved
Set out verbatim the constitutional provisions, treaties, statutes, ordinances and regu- lations involved in the case. If the provisions involved are lengthy, provide their cita- tion and indicate where in the Appendix to the petition the text of the provisions appears.
XII. Statement of the Case
Provide a concise statement of the case containing the facts material to the consider- ation of the question(s) presented; you should summarize the relevant facts of the case and the proceedings that took place in the lower courts. You may need to attach additional pages, but the statement should be concise and limited to the relevant facts of the case.
XIII. Reasons for Granting the Petition
The purpose of this section of the petition is to explain to the Court why it should grant certiorari. It is important to read Rule 10 and address what compelling reasons exist for the exercise of the Court’s discretionary jurisdiction. Try to show not only why the decision of the lower court may be erroneous, but the national importance of having the Supreme Court decide the question involved. It is important to show whether the decision of the court that decided your case is in conflict with the decisions of another appellate court; the importance of the case not only to you but to others similarly situated; and the ways the decision of the lower court in your case was errone- ous. You will need to attach additional pages, but the reasons should be as concise as possible, consistent with the purpose of this section of the petition.
XIV. Conclusion
Enter your name and the date that you submit the petition.
XV. Proof of Service
You must serve a copy of your petition on counsel for respondent(s) as required by Rule 29. If you serve the petition by first-class mail or by third-party commercial carrier, you may use the enclosed proof of service form. If the United States or any department, office, agency, officer, or employee thereof is a party, you must serve the Solicitor General of the United States, Room 5614, Department of Justice, 950 Pennsyl- vania Ave., N.W., Washington, D. C. 20530–0001. The lower courts that ruled on your case are not parties and need not be served with a copy of the petition. The proof of service may be in the form of a declaration pursuant to 28 U. S. C. § 1746.
No.
IN THE
— PETITIONER
(Your Name)
VS.
— RESPONDENT(S)
MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
The petitioner asks leave to file the attached petition for a writ of certiorari without prepayment of costs and to proceed in forma pauperis.
Please check the appropriate boxes:
Petitioner has previously been granted leave to proceed in forma pauperis in the following court(s):
Petitioner has not previously been granted leave to proceed in forma pauperis in any other court.
Petitioner’s affidavit or declaration in support of this motion is attached hereto.
Petitioner’s affidavit or declaration is not attached because the court below appointed counsel in the current proceeding, and:
The appointment was made under the following provision of law:
,or
a copy of the order of appointment is appended.
(Signature)
AFFIDAVIT OR DECLARATION
IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I,, am the petitioner in the above-entitled case. In support of
my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress.
1.For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise.
Income source
Average monthly amount during
Amount expected
the past 12 months
next month
You
Spouse
Employment
$
Self-employment
Income from real property
(such as rental income)
Interest and dividends
Gifts
Alimony
Child Support
Retirement (such as social
security, pensions,
annuities, insurance)
Disability (such as social
security, insurance payments)
Unemployment payments
Public-assistance
(such as welfare)
Other (specify):
Total monthly income: $
2.List your employment history for the past two years, most recent first. (Gross monthly pay is before taxes or other deductions.)
Employer
Address
Dates of
Gross monthly pay
3.List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.)
4.How much cash do you and your spouse have? $
Below, state any money you or your spouse have in bank accounts or in any other financial institution.
Type of account (e.g., checking or savings) Amount you have
Amount your spouse has
5.List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings.
Home
Other real estate
Value
Motor Vehicle #1
Motor Vehicle #2
Year, make & model
Other assets
Description
Filling out the Writ of Certiorari form is a crucial step for individuals seeking to have their cases reviewed by the Supreme Court. This process is designed to assist those who are proceeding without the assistance of counsel and are applying as indigent petitioners. Careful attention to detail and adhering to the specific requirements outlined will ensure that the petition is properly considered. Below are the steps to accurately complete and submit the form.
Once these steps are completed, remember to address all documents to the Clerk of the Supreme Court of the United States, ensuring they are served on opposing parties or their counsel in accordance with the rules. This careful preparation and submission will successfully navigate through the requisites for your petition to be considered.
What is a Writ of Certiorari?
A Writ of Certiorari is a document that a party can file to ask the Supreme Court to review the decision of a lower court. It's not a right but a discretionary choice by the Supreme Court to take up cases that have significant importance beyond the facts of the case itself. This process helps resolve differences in legal interpretations across different courts and addresses issues of broad public interest.
Who can file a Writ of Certiorari?
Any party seeking review of a decision from a United States court of appeals or the highest state appellate court can file a petition for a Writ of Certiorari. This includes both individuals and organizations, whether they are represented by counsel or are proceeding without legal representation.
What is the time limit for filing a petition for a Writ of Certiorari?
The petition must be filed within 90 days from the date of the entry of the final judgment in the appellate court, or 90 days from the denial of a petition for rehearing, whichever is later. The timing is strict, and the computation of this period does not extend even if a mandate or remittitur is issued after the judgment.
What documents are needed to file a Writ of Certiorari?
Unless you are an inmate not represented by counsel, you need to submit an original and ten copies of a motion for leave to proceed in forma pauperis (if applicable), an affidavit or declaration in support of it, a petition for a Writ of Certiorari, and proof of service on the opposing party. Inmates not represented by counsel need only file the original documents.
Is there a page limit for the petition?
Yes, the petition for a Writ of Certiorari cannot exceed 40 pages. This limit excludes any pages preceding the start of the petition itself but includes all arguments and supporting materials within the petition. The appendix, however, is not included in this page count.
How do you ensure personal information is protected in the filing?
Certain personal information should be redacted for privacy protection, following Rule 34.6. This includes partially redacting social security numbers to the last four digits and using initials for the names of minor children, among other precautions.
What is the method for filing these documents?
All documents must be addressed and sent to the Clerk of the Supreme Court of the United States in Washington, D.C. They must also be served on the opposing parties or their counsel in line with Rule 29’s requirements for filing and service.
Can you proceed without payment of fees?
Yes, petitioners can request to proceed in forma pauperis, meaning they ask the Court to waive the filing fees due to inability to pay. This request requires submitting a motion and supporting affidavit or declaration detailing financial hardships.
How important is it to list related cases?
Very important. The Supreme Court uses this information to understand the broader context of your case, including any related litigation in other courts. This helps in assessing the significance and potential impact of the legal issues raised.
What happens after a petition for a Writ of Certiorari is denied?
The denial of a petition for a Writ of Certiorari indicates that the Supreme Court has decided not to review the case. This decision is final and does not reflect the Court’s view on the merits of the case. It simply means that the Court chooses not to consider the case for review.
Not Including Necessary Copies: People often forget to file the required number of copies. For non-inmate individuals not represented by counsel, one must file an original and ten copies of the motion for leave to proceed in forma pauperis, along with an original and ten copies of the affidavit or declaration in support of it. Similarly, an original and ten copies of the petition for a writ of certiorari with an appendix are needed. This mistake can delay the review process since the court needs these copies to distribute among the justices and for record-keeping.
Misunderstanding the Filing Deadline: A common error is misjudging the 90-day filing deadline from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court. Some petitioners overlook that the issuance of a mandate or remittitur after judgment has no effect on this timeframe. Misinterpreting this deadline can result in missing the opportunity to have one's case reviewed.
Failing to Redact Personal Information: The Supreme Court requires certain personal information to be redacted from filings, yet individuals often submit documents without redacting social security numbers, taxpayer identification numbers (to the last four digits), and the names of minor children (to only initials). This overlook not only goes against the court's rules for privacy but also exposes sensitive information unnecessarily.
Incorrectly Listing Parties and Related Cases: It's essential to correctly list all parties involved and any related cases on the provided page of the form. However, petitioners frequently either list the court whose judgment they seek to review as a party (which is incorrect) or fail to list all related cases that are directly relevant to the case in the Supreme Court. This information is crucial for the justices to understand the case's context fully and its implications beyond the immediate parties involved.
When you're navigating the legal process with the goal of taking a case to the Supreme Court, the Writ of Certiorari form is your key entry point. However, this journey often requires several other forms and documents to be successful. Each of these documents serves a distinct purpose and plays a crucial role in ensuring that your petition is comprehensive, accurately presented, and meets all the Court's stringent requirements.
No document in this process works in isolation. Together, they construct a narrative and legal argument that persuades the Supreme Court to grant review. Each element, from the initial motion to the appendices and proof of service, must be meticulously prepared to adhere to the Court's rules and procedures. Understanding the purpose and requirements of these documents not only aids in navigating the complexities of Supreme Court litigation but also enhances the chances of your petition being considered.
Motion for Leave to Proceed In Forma Pauperis: This document shares a key commonality with the Writ of Certiorari in that it is used by individuals who cannot afford the costs associated with a court proceeding. Both forms assist in ensuring access to justice by allowing those without significant means to have their cases heard. The Motion for Leave to Proceed In Forma Pauperis specifically allows individuals to proceed without the necessity of paying filing fees, mirroring the aspect of the Writ of Certiorari process designed for indigent petitioners.
Affidavit or Declaration in Support of Motion for Leave to Proceed In Forma Pauperis: Similar to the Writ of Certiorari, this affidavit or declaration supports the process of petitioning the court under special circumstances - in this case, financial hardship. It provides detailed personal information and circumstances to justify why the petitioner cannot afford the court fees, complementing the petition process by detailing the petitioner’s financial status as the Writ of Certiorari form does for the procedural aspects.
Petition for a Writ of Certiorari with an Appendix: This form is part of the Writ of Certiorari process itself, requiring an original and ten copies for filing. It is inherently similar as it is a critical component of the overall petition. The requirement for an appendix containing the judgment or decree being reviewed, along with any opinions or orders from courts that previously considered the case, underscores the comprehensive nature of both the Writ and its associated forms in collating a complete packet for the Court’s review.
Proof of Service: This document, required in the filing process for a Writ of Certiorari, ensures that all opposing parties or their counsel have been duly served with copies of the documents filed in the Supreme Court. It is closely linked to the ethos of fairness and procedure that underpins the Writ of Certiorari process, emphasizing the importance of notifying all parties involved in the litigation of the ongoing proceedings and submissions to the Supreme Court.
When preparing your Writ of Certiorari form, it's crucial to understand the dos and don'ts to ensure your submission is proper and complete. Here are some guidelines to help you through the process:
These guidelines are designed to streamline the process and increase the chances of your petition being properly reviewed by the Supreme Court. Accuracy, completeness, and timeliness are key components of a successful submission.
One common misconception is that the Writ of Certiorari is available as a matter of right. In reality, obtaining this writ from the Supreme Court is a matter of judicial discretion, not a guaranteed right. The Court exercises this discretion to select cases that present issues of broader importance beyond the specifics of the individual case.
Many believe that the Supreme Court's purpose in granting a Writ of Certiorari is to correct errors in lower court decisions. However, the Court's primary aim is to address significant legal questions that have national implications and to resolve inconsistencies in the interpretation of the law among different appellate courts.
Another misconception is that a denial of a Writ of Certiorari by the Supreme Court implies a negative view of the case's merits. A denial simply means the Court chose not to review the case; it does not reflect the Court's opinion on the case's merits.
People often misunderstand the timeline for filing a petition for a Writ of Certiorari, thinking extensions beyond the 90-day deadline are commonly granted. The deadline is strict, running from the date of the entry of the final lower court judgment, and can not be extended by circumstances such as the issuance of a mandate or remittitur.
There's a belief that filing for a Writ of Certiorari is an incredibly complex process that can only be completed with the help of an attorney. While having legal representation can be beneficial, especially in navigating the detailed requirements, the Supreme Court provides a guide for those who wish to proceed without an attorney, ensuring the process is as accessible as possible.
Lastly, there is a misconception regarding the content of the petition. Some might think it's enough to just detail the facts of the case and their disagreement with the lower court's decision. In reality, the petition must focus on presenting the legal questions of national importance that the Supreme Court would consider worthy of review.
When filling out and using the Writ of Certiorari form, here are key takeaways to remember:
Understanding these guidelines helps ensure that a petition for a writ of certiorari is correctly prepared and filed, adhering to the Supreme Court's procedural requirements.
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