When the portions of the record relied on under this subparagraph are voluminous, they shall be included in the appendix referred to in subparagraph 1 i. See Rule If the material required by this subparagraph is voluminous, it may be presented in a separate volume or volumes with appropriate covers. All contentions in support of a petition for a writ of certiorari shall be set out in the body of the petition, as provided in subparagraph 1 h of this Rule. No separate brief in support of a petition for a writ of certiorari may be filed, and the Clerk will not file any petition for a writ of certiorari to which any supporting brief is annexed or appended.
A petition for a writ of certiorari should be stated briefly and in plain terms and may not exceed the word or page limitations specified in Rule That is, it can take 4 to 6 months for the Colorado Supreme Court to render a decision on whether it will even grant certiorari, depending on the complexity of the case. In particular, the Colorado Supreme Court generally focuses on the following considerations in deciding whether to grant certiorari review:.
See C. These factors are not dispositive nor are they all encompassing as to whether the Colorado Supreme Court will grant certiorari review. They are merely guidelines as to what the court focuses on when determining whether cetiorari review should be granted for a particular case. In drafting a petition for writ of certiorari, the procedural process and formatting requirements are generally governed by C.
With respect to time deadlines for seeking certiorari review, C. F or more traditional appeal routes where certiorari review is sought in relation to a Colorado Court of Appeals judgment, the due date for a petition for writ of certiorari is dependent on whether a rehearing is sought at Colorado Court of Appeals level.
If no rehearing is sought, a petition for writ of certiorari must be filed within 42 days of the Colorado Court of Appeals entering its judgment. If a rehearing is sought and denied, a petition for writ of certiorari is due within 28 days after the denial of the rehearing request.
Notably, seeking a rehearing with the Colorado Court of Appeals is optional; however, no petition for writ of certiorari may be filed with the Colorado Supreme Court until after the time for filing a rehearing has expired.
Requests for rehearing with the Colorado Court of Appeals are due within 14 days of the court of appeals judgment being entered. Accordingly, a petition for writ of certiorari cannot be filed with the Colorado Supreme Court until a minimum of 14 days after the Colorado Court of Appeals has issued an opinion.
Additionally, for the less common scenario where certiorari review is being sought from a district court judgment reviewing a county court judgment as an appeal, a petition for writ of certiorari must be filed no later than 42 days after the judgment has been entered. Notably, there are no Colorado appellate rules pertaining to rehearings with the district court.
Appellate rehearings are rarely, if ever, sought at the district court level. In addition to timing restrictions, a petition for writ of certiorari must conform to the specific briefing and formatting requirements enumerated under the Colorado Appellate Rules. Specifically, the petition for writ of certiorari must:. List of Partners vendors.
Share Flipboard Email. Issues The U. Government U. Foreign Policy U. Liberal Politics U. By Robert Longley Robert Longley.
Robert Longley is a U. Learn about our Editorial Process. Supreme Court to hear an appeal from a lower court. The word certiorari comes from a Latin word meaning "to be more fully informed. Certiorari must be requested by submitting a petition for writ of certiorari to the Supreme Court. The Supreme Court grants only about 1. Granting a petition for certiorari requires the affirmative votes of at least four Supreme Court justices.
Featured Video. View Article Sources. Cite this Article Format. Longley, Robert. What Is a Writ of Certiorari? What Is Nullification? Definition and Examples. The Roe v. Wade Supreme Court Decision.
Review on Certiorari: Time for Petitioning Primary tabs 1. Unless otherwise provided by law, 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 including the United States Court of Appeals for the Armed Forces is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment.
A petition for a writ of certiorari seeking review of a judgment of a lower state court that is subject to discretionary review by the state court of last resort is timely when it is filed with the Clerk within 90 days after entry of the order denying discretionary review. The Clerk will not file any petition for a writ of certiorari that is jurisdictionally out of time.
0コメント