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Blank Writ Of Certiorari PDF Form

A writ of certiorari is a legal document through which a higher court, such as the Supreme Court, is asked to review a lower court's decision. This process is not guaranteed; the Supreme Court exercises discretion in deciding which cases to accept for review. If you are considering filing this writ, please ensure you understand the necessary steps and requirements by clicking the button below to fill out the form.

Content Overview

Filing a Writ of Certiorari with the Supreme Court can be a daunting process, especially for those navigating it without legal representation. This essential form serves as a request for the Court to review a lower court's decision, but it’s important to understand that the Supreme Court exercises discretion in granting such requests. The Writ of Certiorari form is specifically designed for indigent petitioners, providing a structured guide to help individuals who cannot afford legal counsel. Key components of the form include instructions on how to file, what documents are necessary, and the time limits that must be adhered to. Petitioners must submit a motion for leave to proceed in forma pauperis, along with the petition itself and relevant supporting documents. The Supreme Court only accepts a small percentage of cases, focusing on those that present significant legal questions or resolve conflicts between lower courts. Understanding the requirements, including page limits and the necessity of redacting personal information, is crucial for anyone looking to navigate this complex process successfully. By following the guidelines laid out in the Writ of Certiorari form, petitioners can take the necessary steps toward potentially having their cases heard by the highest court in the land.

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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

SUPREME COURT OF THE UNITED STATES

— 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	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
		Employment	$
			$
			$
			$

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.)

Employer	Address	Dates of	Gross monthly pay
		Employment	$
			$
			$
			$

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					Value
Motor Vehicle #1					Motor Vehicle #2
Year, make & model					Year, make & model
Value					Value
Other assets
Description
Value

➤ PDF File

Form Specifications

Fact Name	Details
Filing Deadline	A petition for a writ of certiorari must be filed within 90 days of the final judgment from the U.S. Court of Appeals or the highest state appellate court.
Importance of Judicial Discretion	Review by the Supreme Court is not guaranteed; it is based on judicial discretion. Only about 1% of petitions are granted for review each term.
Required Documents	Petitioners must file an original and ten copies of the petition, a motion for leave to proceed in forma pauperis, and supporting affidavits or declarations, among other documents.
Governing Rules	The process is governed by Rules 10-14, 29, 30, and 39 of the Supreme Court Rules, outlining procedures for filing and serving documents.

Writ Of Certiorari: Usage Guidelines

After completing the Writ of Certiorari form, the next step involves submitting it along with the necessary documents to the Supreme Court. Ensure that all forms are filled out accurately and that you have adhered to the guidelines provided. This will enhance the chances of your petition being considered.

Obtain the motion for leave to proceed in forma pauperis form and leave the case number blank.
Type your name on the line for "petitioner" and the opposing party's name on the line for "respondent." If there are multiple respondents, list the first one followed by "et al."
If applicable, check the box indicating which lower court(s) granted you leave to proceed in forma pauperis. If none did, check the appropriate box.
Sign the motion on the designated signature line.

Complete the affidavit or declaration in support of the motion. Answer all questions fully, using "0," "none," or "N/A" as needed. Attach additional sheets if necessary.
Ensure the affidavit is notarized or in declaration form per 28 U.S.C. § 1746.

Fill out the cover page form, leaving the case number blank. Include the case caption as done on the motion.
List the court from which the action is brought and provide your contact information.

On the questions presented page, clearly state the question(s) for the Court to review, keeping them concise.
In the list of parties and related cases section, check the appropriate box and list any additional parties if necessary.

Prepare a table of contents, numbering pages consecutively starting with the “Opinions Below” page as page 1.
List the documents included in the appendix and mark each page with the appropriate appendix designation.

Once all forms are completed, gather the original and ten copies of each document. Make sure to file them with the Clerk of the Supreme Court, ensuring compliance with the filing rules. This meticulous preparation is crucial for your petition's consideration.

Your Questions, Answered

What is a Writ of Certiorari?

A Writ of Certiorari is a formal request to the Supreme Court to review a lower court's decision. It is not guaranteed that the Court will accept the case. The Supreme Court chooses cases that involve significant legal questions or conflicts among lower courts.

Who can file a Writ of Certiorari?

Any individual who has been involved in a legal case can file a Writ of Certiorari. This includes those who are self-represented, known as pro se petitioners. If you cannot afford legal representation, you may proceed in forma pauperis, which allows you to file without paying fees.

How long do I have to file a Writ of Certiorari?

You must file your petition within 90 days from the date of the final judgment in the relevant court. This period also applies if you are filing after a denial of a rehearing. It is important to note that certain actions, like the issuance of a mandate, do not extend this filing deadline.

What documents do I need to submit with my petition?

When filing, you need to submit several documents. These include an original and ten copies of your motion to proceed in forma pauperis, an affidavit or declaration in support, the petition for a writ of certiorari, and an appendix containing the relevant judgments and opinions. If you are in prison and unrepresented, fewer documents are required.

What is the page limit for the petition?

The petition for a writ of certiorari cannot exceed 40 pages, not including the pages that come before the main content. The appendix does not count toward this limit, allowing you to include necessary supporting documents without restriction.

How should personal information be handled in my filings?

Personal information must be carefully managed in your filings. For example, social security numbers should only show the last four digits, and names of minor children should be redacted to initials. This is to protect privacy and comply with court rules.

Where do I send my petition and related documents?

All documents must be addressed to the Clerk of the Supreme Court of the United States, located in Washington, D.C. It is also necessary to serve copies of your filings to all opposing parties or their counsel as required by the court rules.

Common mistakes

Failing to file within the 90-day deadline. It is crucial to submit your petition promptly after the final judgment.
Not including the required number of copies. Ensure that you submit an original and ten copies of your motion and petition.
Leaving the case number blank. The Clerk assigns this number upon docketing, but it should be filled out correctly once assigned.
Neglecting to provide proof of service. You must show that all opposing parties have received copies of your filings.
Overlooking the page limit. The petition must not exceed 40 pages, excluding preliminary pages.
Failing to redact personal information. Sensitive details, like social security numbers, should be properly redacted.
Not clearly stating the questions presented. The questions should be concise and directly related to the issues at hand.
Forgetting to include related cases. Listing all cases directly related to your case is essential for clarity.
Using incorrect formatting for the appendix. Each appendix should be properly labeled and organized according to the rules.
Submitting documents without notarization or declaration. Ensure that your affidavit or declaration is properly completed.

Documents used along the form

The process of filing a Writ of Certiorari involves several important forms and documents that work in conjunction with the petition itself. Each of these documents serves a specific purpose and is essential for ensuring that the petition is properly considered by the Supreme Court. Below is a list of commonly used forms and documents that are typically submitted alongside the Writ of Certiorari form.

Motion for Leave to Proceed In Forma Pauperis: This motion allows individuals who cannot afford court fees to request permission to proceed without payment. It must be accompanied by an affidavit or declaration detailing the petitioner’s financial situation.
Affidavit or Declaration in Support of Motion: This document provides evidence of the petitioner’s financial status and must be completed accurately. It can either be notarized or presented as a declaration under penalty of perjury.
Cover Page: The cover page includes basic information about the case, such as the names of the parties involved, the court from which the case is being appealed, and the contact information of the petitioner.
Question(s) Presented: This section allows the petitioner to clearly state the legal questions that they wish the Supreme Court to address. The questions should be concise and directly related to the issues at hand.
List of Parties and Related Cases: This document lists all parties involved in the case and any related cases that may impact the current petition. It ensures that the Court is aware of all relevant parties and proceedings.
Table of Contents: The table of contents outlines the structure of the petition, indicating where specific sections can be found. This aids the Court in navigating the document efficiently.
Index of Appendices: This index lists the contents of the appendices submitted with the petition, ensuring that all relevant documents are easily identifiable and accessible for review.
Appendices: The appendices contain copies of the lower court's decisions, relevant opinions, and any other documents that support the petition. These are crucial for providing context and background to the Supreme Court.

Understanding the roles of these documents is vital for anyone seeking to file a Writ of Certiorari. Each form contributes to the overall clarity and effectiveness of the petition, enhancing the chances of a favorable review by the Supreme Court.

Similar forms

Notice of Appeal: Similar to a writ of certiorari, a notice of appeal informs the court and other parties that a party intends to seek a review of a lower court's decision. Both documents serve as formal requests to higher courts to reconsider a case.
Petition for Review: This document is often used in state courts to ask a higher court to review a lower court's ruling. Like a writ of certiorari, it seeks to address legal issues that have broader implications beyond the specific case.
Motion for Leave to Appeal: This motion is filed when a party needs permission to appeal a lower court's decision. Similar to a writ of certiorari, it indicates that the party believes there are significant legal questions that warrant review.
Application for Leave to File: In some jurisdictions, this application is necessary before filing certain types of appeals. It is akin to a writ of certiorari in that it requests permission to proceed with a legal challenge.
Request for Certification: This document asks a higher court to certify a question of law for review. Like a writ of certiorari, it emphasizes the importance of the legal issue at hand.
Motion for Rehearing: After a decision is made, a party may file this motion to request the court to reconsider its ruling. Both motions aim to bring attention to perceived errors or important issues.
Brief in Support of Petition: This document accompanies a petition for certiorari and outlines the arguments for why the higher court should take the case. It shares similarities with the writ as both focus on legal reasoning and significance.
Affidavit in Support of Appeal: This document provides sworn statements to support an appeal. Similar to a writ of certiorari, it helps establish the basis for why a case should be reviewed by a higher court.
Statement of Jurisdiction: This statement outlines the basis for a court's authority to hear a case. It parallels a writ of certiorari in that it clarifies the legal grounds for seeking review.

Dos and Don'ts

When filling out the Writ of Certiorari form, there are several important dos and don'ts to keep in mind. Following these guidelines can help ensure that your petition is properly submitted and considered.

Do read the Supreme Court Rules carefully, especially Rules 10-14 and Rule 39, to understand the requirements.
Do file your petition within 90 days from the final judgment date.
Do include an original and ten copies of all necessary documents, including your motion for leave to proceed in forma pauperis.
Do clearly state the question or questions you want the Court to review, keeping them concise.
Do ensure that all personal information is redacted appropriately, following Rule 34.6 guidelines.

Don't leave the case number blank on the forms; it will be assigned by the Clerk once your case is docketed.
Don't forget to sign your motion for leave to proceed in forma pauperis; an unsigned document will be rejected.
Don't include unnecessary details in your questions presented; clarity is key.
Don't overlook the page limit of 40 pages for your petition, excluding cover pages and appendices.
Don't submit documents that are not properly formatted or stapled as required.

Misconceptions

Here are seven common misconceptions about the Writ of Certiorari form:

It guarantees a review by the Supreme Court. Many people believe that filing a writ of certiorari automatically means the Supreme Court will review their case. In reality, the Court has discretion over which cases to hear and accepts only about 1% of petitions.
All petitions are explained in detail. Some think that if their petition is denied, the Court will provide a detailed explanation. However, most denials come without any comment or explanation.
Filing deadlines are flexible. There is a misconception that the filing deadlines for a writ of certiorari are flexible. In fact, you must file within 90 days of the final judgment or denial of rehearing.
Only attorneys can file a writ of certiorari. Many believe that only lawyers can file this form. However, individuals can represent themselves, especially if they are proceeding in forma pauperis.
The Court reviews all lower court errors. Some people think that the Supreme Court's role is to correct all errors made by lower courts. Instead, the Court focuses on cases that present significant legal questions or conflicts among lower courts.
There are no page limits for the petition. A common myth is that there are no restrictions on how long a petition can be. In fact, the petition must not exceed 40 pages, excluding certain preliminary pages.
Personal information can be included without concern. Many individuals mistakenly believe they can include personal information in their filings. The Court requires that sensitive information, like social security numbers, be redacted to protect privacy.

Key takeaways

Here are some key takeaways for filling out and using the Writ of Certiorari form:

Understand the Purpose: The Writ of Certiorari is a request for the Supreme Court to review a lower court's decision. It is not guaranteed; the Court exercises discretion in accepting cases.
Filing Deadline: Submit your petition within 90 days of the final judgment from the relevant court. Missing this deadline could result in automatic denial.
Filing Requirements: If you are not in prison and not represented by a lawyer, file an original and ten copies of various documents, including the motion to proceed in forma pauperis and the petition itself.
Proof of Service: Include an affidavit or declaration proving that all opposing parties have been served with copies of your filings.
Page Limit: The petition must not exceed 40 pages, excluding certain preliminary pages. Make sure to adhere to this limit to avoid rejection.
Redact Personal Information: Follow the guidelines for redacting sensitive information, such as Social Security numbers and names of minors, to protect privacy.
Complete Forms Accurately: Fill out all forms carefully. If a question does not apply, indicate that clearly. Incomplete forms may be rejected.
Use the Correct Format: Follow the specified format for listing related cases and appendices. This helps the Court understand the context of your case.
Addressing Documents: All documents must be addressed to the Clerk of the Supreme Court. Ensure that you serve copies to all opposing parties as well.
Consult the Rules: Familiarize yourself with the relevant Supreme Court Rules, especially Rules 10-14 and Rule 39, to ensure compliance with procedures.