Legal Memorandum: Writ of Certiorari in a Civil Case

Issue: What are the requirements for obtaining a writ of certiorari to the Louisiana Supreme Court in a civil case?

Area of Law: Litigation & Procedure
Keywords: Writ of certiorari; Requirements
Jurisdiction: Louisiana
Cited Cases: 805 So. 2; 805 So. 2d 175; 599 So. 2d 1090; 904 So. 2d 662; 646 So. 2d 859
Cited Statutes: La. S. Ct. R. X, § 1, § 1(a), § 1(b)
Date: 10/01/2006


Supreme Court Rule X explicitly provides that an application for a writ “shall address, in concise fashion, why the case is appropriate for review under the considerations stated in [Rule X, § 1(a)], in accordance with Section 3 . . . of this rule.”  TA s "La. S. Ct. R. X, § 1(b)" c 2 l "La. S. Ct. R. X,  1(b)"La. S. Ct. R. X, § 1(b) (emphasis added).  Section 3, which applies to civil cases, states that a “writ application shall contain . . . [a] statement of the considerations set forth in Section 1(a) of this rule is present in this case.”  Id., TA s "Rule X, § 3 " c 2 l "La. S. Ct. R. X,  3 "§ 3 (emphasis added). 

Section 1(a) notes that taking a case on a writ of certiorari is a matter of discretion of the Supreme Court.  It lists five reasons it will typically consider in deciding whether to grant an application for a writ.  These reasons include: (1) conflicting decisions of appellate courts; (2) significant unresolved issues of law; (3) a request to overrule or modify a controlling precedent; (4) an erroneous interpretation or application of the Constitution or laws; and (5) a gross departure from proper judicial proceedings.  Id., TA s "Rule § 1(a)." c 2 l "La. S. Ct. R. X,  1(a)."§ 1(a).[1] 

These considerations help the court determine whether to exercise its discretion and accept a case for further review.  “Generally, when this court exercises its discretion to grant […]

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