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Certiorari

A writ of certiorari is a formal request asking a higher court to review a decision made by a lower court.

What it actually is

Certiorari is a discretionary order from an appellate court, most commonly the U.S. Supreme Court, that agrees to hear an appeal. It appears at the very end of a case in the lower courts, after a party has exhausted all other appeals and asks the highest court to decide whether the lower court committed a significant legal error.

Why it matters in your case

If you lose a case in a lower appellate court, you may petition for certiorari to ask the highest court to take your case—but that court is not required to do so. For most people, certiorari matters because it is often the last opportunity to challenge a final judgment, yet the high court grants such requests only in a small fraction of cases, typically those involving important legal questions or conflicting rulings among lower courts.

The common misunderstanding

Many people mistakenly think that filing a petition for certiorari automatically triggers a review. In reality, the higher court has complete discretion to deny the petition, which leaves the lower court's decision in place without any explanation.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.