Certiorari

Certiorari

Certiorari

The writ originated as a command to certify the record for review. In modern practice it describes discretionary appellate review, principally by the Supreme Court and state courts of last resort.

Denial expresses no view on the merits.

Alternative Names:

Writ of Certiorari|Cert

Why it Matters?

Denial of certiorari carries no precedential weight and expresses no opinion on the decision below, which parties routinely mischaracterize as approval. Citing a denial as endorsement is a recurring brief-writing error courts note. The grant rate is very low, which makes a genuine conflict among lower courts the practical prerequisite rather than assertion of error.

Frequently asked questions

What does a denial of certiorari mean?

What does a denial of certiorari mean?

Nothing about the merits. It carries no precedential weight and expresses no view on the decision below.

What supports a grant?

What supports a grant?

A genuine conflict among lower courts rather than assertion that the decision below was wrong.