Legal Question in Appeals and Writs in Georgia

Certiorari (proceedures)

In Superior Court the judge ruled on a specific matter. The defendents requested an appeal on the ruling to the State Court of Appeals (and the Superior Court Allowed). The Court of Appeals upheld the Superior Court ruling (3-0)and also ruled the appellents appeal as frivilous. Now the defendent is ''notifying'' of their intent to file for a writ of certiorari with the State Supreme Court. Questions: 1) Does the Superior Court or Appeals Court have to Grant Permission? 2) Assuming they do (and they do) how long could it be before the Supreme Court even reviews their request to determine if they will hear it?


Asked on 10/29/03, 11:11 am

1 Answer from Attorneys
Keith Reisman Reisman Law

Re: Certiorari (proceedures)

Neither the trial court nor the Court of Appeals has to approve the filing a petition for certiorari (which asks the Supreme Court to review the case). Usually, the Supreme Court is rather fast at denying a petition (less than a month). On the other hand, if the Supreme Court grants the petition, you are looking at around a year for resolution (usually).

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

Read more
Answered on 10/29/03, 12:09 pm


Related Questions & Answers

More Appeals and Writs questions and answers in Georgia