Certiorari

What certiorari means

In practice, you will see certiorari in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where certiorari comes up

For example, the term appears in these procedures:

• Petition for Writ of Certiorari (28 U.S.C. §§ 1254(1), 1257(a), 2101(c); Sup. Ct. R. 10, 13, 14): a petition asking the Supreme Court of the United States to review a lower court's decision. Review is discretionary: the Court decides which cases to hear. Many state high courts have similar discretionary review under their own rules.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses certiorari in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Writ: a formal written order issued by a court commanding a person or official to do, or not to do, something.
• Petition: a formal written request to a court or other official body.
• Petitioner: the party who files a petition, such as a petition for a writ, a petition for review or a petition in family court. In the U.S. Supreme Court, the party seeking review is the petitioner.
• Respondent: the party who answers a petition or appeal. In the U.S. Supreme Court, the party opposing review is the respondent.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.