Supreme Court Review: Certiorari and the 90-Day Deadline

Discretionary review

Review on a writ of certiorari is not a matter of right, but of judicial discretion. A petition for a writ of certiorari will be granted only for compelling reasons.

Sup. Ct. R. 10

Rule 10 lists the kinds of reasons the Court considers. Examples include a split among federal courts of appeals or state high courts on an important federal question, or a decision that conflicts with the Supreme Court’s own precedent. The Court grants only a small fraction of the petitions it receives each year.

Which cases can be reviewed

Cases in the federal courts of appeals may be reviewed “By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree” (28 U.S.C. § 1254(1)). Final judgments of a state’s highest court may be reviewed when they turn on the validity of a federal statute or treaty, a state statute challenged under federal law, or a federal right specially claimed (28 U.S.C. § 1257(a)). The Court does not review questions of pure state law.

The 90-day deadline

… a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals … is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment.

Sup. Ct. R. 13.1

A Justice may extend the time in some cases. Petitions must follow the Court’s formatting and filing rules, and people without counsel may file in forma pauperis.

Researching writ of certiorari in your state

To research writ of certiorari for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• law.cornell.edu

Related reading on Lawtopolis:

• Standards of Review: De Novo, Clear Error and Abuse of Discretion
• The Notice of Appeal and Appeal Deadlines