State supreme courts with discretionary jurisdiction accept cases through certiorari or equivalent petitions, applying criteria including conflict among intermediate courts, questions of first impression, and public importance.
Criteria and terminology vary by state.
Alternative Names:
Cert Petition (State), Discretionary Review Petition
Why it Matters?
State discretionary review criteria mirror the federal focus on conflict and importance rather than error correction, which means arguing that the intermediate court was wrong rarely succeeds. Identifying a conflict among districts or divisions within the state, or a recurring question the supreme court has not addressed, is what supports the petition. Amicus support from trade associations signals importance in the same way it does federally.
Frequently Confused with
Related terms
Frequently asked questions
What supports a state certiorari petition?
Does amicus support help?
