Petition for Writ of Certiorari

When the petition for writ of certiorari is used

Timing: usually after a judgment of a federal court of appeals or a final judgment of a state's highest court on a federal question; § 1254(1) also permits a petition before judgment in a court of appeals. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• Cases in the courts of appeals may be reviewed by the Supreme Court 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 or decrees rendered by the highest court of a state in which a decision could be had may be reviewed by writ of certiorari where the validity of a federal treaty or statute is drawn in question, or a federal right is claimed, among other listed grounds (28 U.S.C. § 1257(a)).
• Review on a writ of certiorari is not a matter of right, but of judicial discretion, and a petition will be granted only for compelling reasons (Sup. Ct. R. 10).

More rules for the petition for writ of certiorari

• Unless otherwise provided by law, a petition for a writ of certiorari is timely when filed within 90 days after entry of the judgment (Sup. Ct. R. 13.1; for civil cases, 28 U.S.C. § 2101(c)). The time runs from entry of the judgment, not issuance of the mandate (Rule 13.3), and a Justice may extend it for good cause by up to 60 days (Rule 13.5).
• Supreme Court Rule 14 sets the required contents of the petition, including the questions presented and, under the 2026 Rules effective March 16, 2026, a list of all parties to the proceeding below.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. §§ 1254(1), 1257(a), 2101(c); Sup. Ct. R. 10, 13, 14 online. Also, the federal judiciary publishes the current rules and recent amendments.

The petition for writ of certiorari in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar petition for writ of certiorari procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• 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.
• Certiorari: a writ by which a higher court agrees to review a lower court's decision. Review by the U.S. Supreme Court on a writ of certiorari is a matter of judicial discretion, not of right (Supreme Court Rule 10).

Related procedures

Similarly, these procedures often come up alongside it:

• Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.
• Petition for Writ of Mandamus: a request asking a higher court to order a lower court, or asking a court to order a government officer, to perform a clear, non-discretionary duty. Mandamus is an extraordinary remedy, used only when there is no other adequate way to get relief.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on petition for writ of certiorari. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.