Why would a writ of certiorari be denied?
Asked by: Ramona Aufderhar IV | Last update: February 6, 2026Score: 4.8/5 (25 votes)
A writ of certiorari is denied, most commonly because fewer than four Supreme Court Justices vote to hear the case (under the "Rule of Four"), but also if the case is seen as a poor vehicle (e.g., unclear record, moot, or too factual), issues are not important enough, it's too soon for the Court to rule, or it's better decided by lower courts, with denials often being unreasoned, simply meaning it doesn't meet criteria like a circuit split or national importance.
What does it mean when a writ of certiorari is 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.
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.
When to include cert denied?
You would use it when citing a very recent Court of Appeals case where the possibility that it could be reversed by the Supreme Court still exists. By saying that cert was denied, you remove that possibility.
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 Happens With A Denial Of A Writ Of Certiorari? - CountyOffice.org
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 ...
How often is a writ of certiorari granted?
In most circumstances, the Supreme Court has discretion whether or not to grant review of a particular case. Of the 7,000 to 8,000 cert petitions filed each term, the court grants certiorari and hears oral argument in only about 80. Granting a cert petition requires the votes of four justices.
What is required for a writ of certiorari?
A petition for a writ of certiorari to review a case pending in a United States court of appeals, before judgment is entered in that court, will be granted only upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate ...
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.
Why would an attorney file a petition for writ of certiorari?
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.
How long does the certiorari process take?
The justices generally consider the petition, the brief in opposition and the petitioner's reply brief roughly a month after the brief in opposition is submitted, although there are some windows during the year – most notably, from late June until late September – when the justices do not regularly meet to consider ...
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 grounds on which a writ of certiorari can be issued?
Grounds for Seeking Certiorari
Error of Law: If there is an alleged error of law in the judgment of the lower court, such as incorrectly interpreted or applied the law, resulting in an unjust or erroneous decision, that could have significant consequences then a party may seek this writ to correct that error.
When can a writ petition be rejected?
✔️ Yes — High Courts have the discretion to refuse to entertain a writ petition under Article 226 in several circumstances such as the presence of an alternative remedy, delay in filing, disputed facts, frivolous petitions, or interference with policy decisions.
How many judges are needed to grant a writ of certiorari?
Grant of certiorari (or “cert grant”): The Supreme Court grants certiorari when it decides, at the request of a party challenging the decision of a lower court, to review the merits of the case. At least four justices must vote to grant certiorari in a case.
What happens if a writ of certiorari is denied?
The denial of a petition for writ of certiorari does not have any effect on the case. The lower court's judgment still stands.
How many votes are required for a writ of certiorari to be granted?
If the full Court acts on an application, five Justices must agree in order for the Court to grant a stay, but the votes of only four Justices are required to grant certiorari.
What is the rule 65 period for 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 cases qualify for certiorari?
The U.S. Supreme Court will grant a writ of certiorari to cases that have national significance and precedential value that harmonize different rulings in the federal and state courts. The Court typically accepts 100 to 150 cases out of the more than 7,000 cases that file a petition every year.
What are the grounds in a writ petition?
Common grounds include violations: "The right to life, liberty, equality, and freedom of speech are fundamental human rights that should be protected and upheld." It is essential to file the writ petition in the correct court, either in a High Court or the Supreme Court, based on the nature of the case.
When the Supreme Court denies certiorari, it means the court?
Certiorari Denied - where the Supreme Court denies a Petition for Writ of Certiorari, i.e. the case is not heard by the Court. Consolidated/combined case: When cases have briefs in common, Supreme Court Insight uses two different designations: consolidated and combined.
When would you file for 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.
How long does it take the Supreme Court to decide a cert petition?
Once it receives a petition for review, the court has at least 60 days in which to make its decision.
What percent of cert petitions are granted?
The Court receives about 6,200 cert petitions each year, but grants only about 1 percent of them.