What is the process of filing a Writ of Certiorari?

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I am trying to find out what is the process when you file a writ of Certiorari. My husband filed writ and when I called to find out the process/next step I was told that they couldn't give me that kind of information and that I needed to get a lawyer to see what happens next. I was told that he didn't need a lawyer to file a writ. She stated that the case is open. I really don't know what to do.

Attorney Answers

4
John Lloyd ·
The filing of a writ of certiorari is a difficult process. It would be a good idea to consult with an appellate attorney in your area to discuss your case.
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Joshua SachsAppeals LawyerEvanston, IL ·
The clerk can tell you the status of the case but cannot give you legal advice. Are you asking about a writ of certiorari filed with the United States Supreme Court? You should get a docketing letter giving you the case number, and you must send a copy of the letter to all opposing counsel or parties of record. Opposing parties may, but need not, file briefs in opposition to certiorari. The court will eventually either grant or deny your petition in a short, one-sentence written order. If the court breaks for the summer (early July) without a ruling, you will not hear anything until it reconvenes in October. You can check the status of your petition on the Supreme Court's web site. Very, very few petitions for certiorari are granted. In the unlikely event that the petition is granted you have a real bear, and an enormous public responsibility, on your hands. Even appellate attorneys with many years of experience will give thought to bringing a Supreme Court specialist on board when a case is accepted by the court.
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Edwin Anderson ·
I think you're using the wrong thing. This is a writ of certiorari: http://www.law.cornell.edu/wex/writ_of_certiorari
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Richard Strong ·
I agree that it would be ideal to engage an appellate attorney before filing a writ of certiorari. However, you must be cognizant that there are strict time limits involved in filing for cert at both the US Supreme Court and the Tennessee Supreme Court, and if you fail to meet those time limits, your petition could be forever barred. I would consult with an attorney as soon as possible.
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