Certiorari
Latin for "to be informed of"; the process by which a higher court (especially the US Supreme Court) agrees to review a lower court's decision by issuing a writ of certiorari.
While straightforward in theory, many businesses fail to actively track obligations tied to this concept - often resulting in missed deadlines, unintended renewals, penalties, or loss of contractual rights.
US Law · For business owners and foundersWhat is a Certiorari?
Certiorari is a legal procedure by which a higher court (usually the US Supreme Court) agrees to review a lower court's decision. The term is Latin for "to be informed of" or "to make certain." When the Supreme Court grants a petition for certiorari, it issues a writ (court order) directing the lower court to send the case record to the Supreme Court for review.
Certiorari is a discretionary process - the party filing the petition has no automatic right to review. The Supreme Court receives thousands of petitions each year but grants certiorari in only a small fraction (roughly 70-80 cases annually out of 7,000+ petitions). The Court generally grants certiorari only when a case involves an important issue of federal law, a conflict between appellate courts, or a matter of national significance.
Unlike appeal-as-a-right in some state courts, certiorari to the US Supreme Court is never automatic. The losing party must petition the Court and convince at least four Justices to vote to grant the petition.
In practice, many teams rely on a contract expiry tracking system to stay on top of dates and obligations tied to clauses like this.
Key Elements
Four-Justice Rule
Under the "Rule of Four," the Supreme Court grants certiorari if at least four Justices vote to do so. The Justices do not have to explain their reasoning for granting or denying cert.Discretionary Jurisdiction
The Supreme Court has near-absolute discretion to choose its docket. It is not obligated to hear any case and may deny cert for any reason or no stated reason.Petition Requirements
A petition for certiorari must be filed within a deadline (typically 90 days after the lower court's decision), be properly formatted, and include briefing explaining why the Supreme Court should review the case.Conflict in Authority
The Supreme Court is more likely to grant cert when appellate courts have split on an issue (a "circuit split"), because the conflict needs resolution.National Significance
The Supreme Court often grants cert when the case involves a matter of significant national importance, constitutional interpretation, or federal law of broad applicability.Real-World Example
A tech company loses in the US Court of Appeals and files a petition for a writ of certiorari to the US Supreme Court, arguing that the lower court misinterpreted a federal statute regulating data privacy.
The Supreme Court reviews the petition. If the Court votes to grant cert (requires four votes), the case will be briefed and argued before the full Court. If cert is denied (much more likely), the appellate court's decision stands and becomes final. The tech company has no further judicial remedy unless there was a constitutional violation.
This is why many businesses adopt automated deadline tracking to ensure no critical dates are missed before they pass.
Sample Clause Language
Reference to Certiorari in Appeal ProcessWatch Out For
Cert Is Rarely Granted
The odds of getting cert are extremely long - typically less than 2%. Do not plan litigation with the expectation that the Supreme Court will review the case. Assume the appellate court's decision is final.No Explanation for Denying Cert
If the Supreme Court denies cert, it provides no explanation. The denial does not reflect the merits of your case or the reasoning of the Justices. A denial is just a decision not to review.Timing Matters
Certiorari petitions must be filed within strict deadlines. Missing the deadline means the case is time-barred and cannot be brought to the Supreme Court. Calendar these deadlines carefully.Cert Denials Are Not Precedent
Denial of certiorari does not set precedent and does not endorse the lower court's reasoning. Other courts are not bound by a denied cert petition.Don't let certiorari deadlines catch you off guard
Key dates tied to certioraris - renewal windows, expiry cutoffs, notice periods - can easily slip through the cracks when tracked manually. Missing them triggers automatic extensions, penalties, or lost rights. ExpiryEdge tracks every critical deadline and sends automated reminders before they're due - so nothing slips.
Instead of relying on spreadsheets or manual follow-ups, a centralized renewal reminder system ensures every deadline is visible, tracked, and actioned automatically.
How to Use This in Your Favor
File for Cert If You Have a Strong Circuit Split or Constitutional Issue
If your case involves a conflict between appellate courts or a novel constitutional question, certiorari may be worth pursuing despite the long odds. The Supreme Court is more likely to grant cert on significant legal issues.Use Cert to Delay While Settling
Filing a certiorari petition stays many post-judgment deadlines and buys time for settlement negotiations. However, do not overestimate cert's likelihood - the petition is unlikely to succeed.Related Terms
Frequently Asked Questions
What is the difference between certiorari and appeal?
Appeal-as-of-right (in some state courts and certain federal cases) is automatic - the party has the right to have the appellate court review the case. Certiorari is discretionary - the higher court chooses which cases to review. The US Supreme Court grant of cert is always discretionary.
How long does the Supreme Court take to decide cert?
The Supreme Court typically rules on certiorari petitions within a few months. The Court holds "cert conferences" regularly to vote on pending petitions. Rulings are issued in orders, often multiple times per term.
What happens if the Supreme Court grants cert?
If cert is granted, the case is added to the Supreme Court's docket for the next term. The parties submit briefs, there is oral argument, and the Court issues a written opinion. The Supreme Court's decision is final and is the law of the land.