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Writ Of Certiorari
A writ of certiorari is a formal request asking a higher court to review the decision of a lower court in your case.
What it actually is
It is a discretionary order that a higher court (like a state supreme court or the U.S. Supreme Court) issues to call up the records of a lower court for review. The process typically begins when the losing party files a petition for certiorari, and the higher court decides whether to grant or deny the writ. If granted, the higher court will hear arguments and issue a decision; if denied, the lower court's ruling stands as final.
Why it matters in your case
If you lose a case at an intermediate appellate level, the availability of certiorari is often your last chance to have a higher court correct a legal error. Whether the higher court grants your petition determines whether your case proceeds to a final review or ends with the lower court's decision.
The common misunderstanding
Many people mistakenly believe they have a right to appeal to the highest court, but certiorari is not a guaranteed appeal—it is entirely at the discretion of the higher court, which typically grants it only in cases involving important legal questions or conflicting rulings.
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.