How many days to file a writ of certiorari?
Asked by: Connor Christiansen | Last update: February 20, 2026Score: 4.2/5 (3 votes)
You generally have 90 days to file a writ of certiorari with the U.S. Supreme Court from the entry of judgment or denial of rehearing in the lower court, though this can sometimes be extended up to 60 days for good cause; however, state courts often have different, shorter deadlines, such as 30 days in Maryland or 10 days in Louisiana. Deadlines are strict and can vary, so always check the specific rules for the court you're appealing from.
How long do you have to file a writ of certiorari?
You must file your petition for a writ of certiorari within 90 days from the date of the entry of the final judgment in the United States court of appeals or highest state appellate court or 90 days from the denial of a timely filed petition for rehearing.
Is there a time limit for filing a writ?
The direct answer is: There is no fixed statutory time limit prescribed for filing a writ petition in the High Court. However, the petition must be filed within a reasonable period, and delay or laches (unreasonable delay) can be a valid ground for dismissal.
How long do you have to file certiorari?
Under Section 4, Rule 65 Revised Rules of the Civil Procedure, as amended by AM No. 07-7-12-SC, petitions for certiorari must be filed strictly within 60 days from notice of the judgment or order denying their motion for reconsideration.
What is the process in issuing a writ of certiorari?
When the losing side in a case decided by a federal court of appeals (or a state's highest court) wants the Supreme Court to weigh in, it files a brief (known as a “petition for certiorari” or a “cert petition”) asking the justices to grant review, hear oral argument and eventually issue a decision on the merits of the ...
How do You File a Petition for a Writ of Certiorari
How much does it cost to file a writ of certiorari?
PETITION FOR A WRIT OF CERTIORARI IN BOOKLET FORMAT AND PAY THE $300 DOCKET FEE. This memorandum is directed to those who intend to prepare a petition for a writ of certiorari in booklet format pursuant to Rule 33.1 and pay the $300 docket fee required by Rule 38(a).
What are the requirements for certiorari petition?
A petition for certiorari must be filed not later than sixty (60) days from notice of the judgment, order, or resolution sought to be assailed. If a motion for reconsideration or new trial is timely filed, the 60-day period is reckoned from the notice of the denial of that motion.
Why would a writ of certiorari be denied?
In the Supreme Court, if four Justices agree to review the case, then the Court will hear the case. This is referred to as "granting certiorari," often abbreviated as "cert." If four Justices do not agree to review the case, the Court will not hear the case. This is defined as denying certiorari.
Can a review petition be filed after 30 days?
Further, as per the Supreme Court Rules, 2013 (XLVII. 2) a review Petition must be filed within 30 days from the judgment or order of which review is sought and must be placed before the same Bench which had delivered the decision.
What is the rule of four in certiorari?
On the face of it, the Supreme Court's “Rule of Four” is straightforward. Where the justices have discretion as to whether to hear an appeal, at least four of the Court's members must vote to grant a writ of certiorari, which facilitates a full review on the merits.
What are the grounds for filing a writ petition?
Requests for writ petition are viable when a party feels a court made a legal error on a ruling. The victim believes they can be harmed in a way that direct appeal can't fix. The petitioner asks the lower court to be ordered to vacate its ruling and issue a new ruling without discretion.
Can we file an appeal after 30 days?
Yes, you can sometimes file an appeal after 30 days, but it's difficult and depends heavily on the jurisdiction and specific circumstances, often requiring a motion to "condone delay" or "good cause," with exceptions for things like the U.S. government being a party or certain post-judgment motions extending the timeline. Missing the 30-day deadline (usually from the judgment date) generally forfeits the right to appeal, but courts might allow late appeals if you show excusable neglect or have specific legal grounds, though extensions are rare for standard deadlines.
What is the validity of a writ?
A writ is valid for 12 months from the date of issue. If a writ is due to expire and has not yet been served, a claimant may issue a new writ or apply to the court to extend the writ for a further period (not exceeding 12 months) (RHC O. 6, r. 8).
Is there a limitation period for filing a writ?
Under the Indian legal system, there is no time limit prescribed to file a writ petition before the relevant courts. However, it must be noted that in various judgements, the courts have observed that the aggrieved party should move the courts within a reasonable time.
Can I still appeal after 30 days?
Generally, you must file an appeal within 30 days, but deadlines vary by jurisdiction and case type (civil, criminal, federal, state), with some extending to 60 days if the U.S. government is involved, or even shorter for specific matters like eviction cases; late filings usually lose the right to appeal, so act quickly and consult a lawyer to confirm your exact deadline.
When should a writ of certiorari be used?
Writs of Certiorari
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari.
What is the rule 45 for Petition for Review?
— Rule 45, Sec. 1 requires that petitions for review be filed with the prescribed period, "paying at the same time," "the corresponding docketing fee". Unless such fees are fully paid at the time of the filing of the petition, Court shall dismiss the petition.
What is the success rate of review petitions?
Each Term, the Court receives thousands of petitions for review but grants plenary review in fewer than 100 cases—a grant rate hovering around 1% for all petitions and 3-5% for paid petitions.
What is the limitation period to file an execution petition?
Period of limitation under 'The Limitation Act, 1963' for filing of execution petition is 12 years from the date that the decree becomes enforceable.
How to win a writ of certiorari?
Award-winning criminal appeals lawyer, Aaron Spolin, explains how his firm Spolin & Dukes P.C. wins a Petition for Writ of Certiorari: “We use these strategies: (1) show there is a disagreement among lower courts; (2) show this is an issue of national importance or wide application; (3) show there was reversible legal ...
What are the odds a case will be granted a writ of certiorari?
Most attorneys know that only about 1 in 100 petitions for certiorari are granted.
What are the conditions necessary to issue a writ of certiorari?
"1. There should be a tribunal or an officer having legal authority to determine questions affecting rights of subjects and having a duty to act judicially." This condition is fundamental. A writ of certiorari is directed towards bodies or officers exercising judicial or quasi-judicial functions.
What are common reasons certiorari is denied?
Even in the face of a clear split among the courts of appeals on an important legal issue, if other issues may impact the ultimate outcome of the case, the Supreme Court will often deny certiorari and wait for a case where the issue is case-dispositive.
How long do you have to file a certiorari petition?
Under Section 4, Rule 65 of the Rules of Court, as amended by A.M. No. 07-7-12-SC, an aggrieved party has sixty (60) days from receipt of the assailed decision, order or resolution within which to file a petition for certiorari, viz: Sec.
What is the rule 65 for certiorari?
A petition for certiorari under Rule 65 of the Rules of Court is a special civil action that may be resorted to only in the absence of appeal or any plain, speedy and adequate remedy in the ordinary course of law. In Mandy Commodities, Inc.