A Petition for Certiorari is a formal request that is submitted to a higher court, usually the Supreme Court, asking it to review a case that has already been decided by a lower court. The word “Certiorari” is derived from the Latin language, which means “to be informed” or “to be made certain.”
Here is a general overview of the process:
- Filing the Petition: The party seeking review, also known as the petitioner, files a Petition for Certiorari with the higher court. This document outlines the legal issues and argues why the Supreme Court should hear the case.
- Grounds for Review: The petitioner must demonstrate that the case involves significant legal questions, conflicts with prior decisions, or presents issues of national importance.
- Response: The opposing party, also known as the respondent, may file a response, presenting counterarguments and reasons why the Supreme Court should not grant certiorari.
- Granting or Denying Certiorari: The Supreme Court justices review the petition and supporting documents. If they decide to hear the case, certiorari is granted. If not, the petition is denied, and the decision of the lower court stands.
- Oral Arguments: If certiorari is granted, the case moves to the oral argument stage. Attorneys for both parties present their arguments before the Supreme Court justices.
- Decision: After considering the written briefs, oral arguments, and legal precedents, the Supreme Court issues a decision. This decision either affirms, reverses, or remands the lower court’s decision.
It is worth mentioning that the Supreme Court receives thousands of petitions every year, but it only accepts a small fraction of them for review. To be considered for review, parties must present a compelling argument that convinces the Court of the necessity of its intervention.
