Writ of Certiorari
Definition:
A Writ of Certiorari is a formal order issued by a higher court directing a lower court or public authority to send the record of a case for review. It is commonly used to correct legal errors, review administrative decisions, or examine whether a lower tribunal exceeded its jurisdiction. The writ serves as a mechanism for appellate or discretionary review rather than a full retrial.
Writ of Certiorari Information
A **Writ of Certiorari** allows higher courts to oversee and correct errors made by lower courts or administrative agencies. Unlike an appeal, which may involve a full review of facts and law, certiorari is generally limited to determining whether the lower body acted within its legal authority and followed due process. This writ is most famously used by the **U.S. Supreme Court**, which grants certiorari when it agrees to review a case from a lower appellate court. In state courts, including Florida, the writ provides an important tool for reviewing non-final orders, local government decisions, or administrative rulings when no other adequate remedy exists.
Florida Legal Definition
Under **Florida law**, a **Writ of Certiorari** is an extraordinary remedy used by appellate courts to review decisions of lower courts, administrative bodies, or quasi-judicial agencies. Governed by **Florida Rule of Appellate Procedure 9.100(c)**, this writ is granted only when (1) there is a departure from the essential requirements of law, (2) resulting in material injury, and (3) no adequate legal remedy, such as a direct appeal, is available. Florida courts use certiorari review to ensure lower tribunals act within their lawful powers and maintain procedural fairness. Because it is discretionary, the reviewing court may deny the petition even when errors are found, unless those errors cause substantial harm or injustice.
How It’s Used in Practice
In practice, **Writs of Certiorari** are filed by parties seeking review of non-final or administrative decisions in Florida’s appellate courts. For example, a property owner may petition for certiorari to challenge a zoning board’s ruling, or a litigant might use it to contest a discovery order issued by a trial court. Attorneys must demonstrate that no other adequate remedy exists and that the lower court’s action constitutes a clear legal error. The appellate court then reviews the record to determine whether the lower body exceeded its authority. Because it is an extraordinary remedy, certiorari is granted sparingly and only in cases involving significant procedural or jurisdictional errors.
Key Takeaways
- A **Writ of Certiorari** orders a lower court or agency to send its record for higher court review.
- Used to correct jurisdictional errors or ensure proper legal procedure was followed.
- Under **Florida Rule of Appellate Procedure 9.100(c)**, it is an extraordinary and discretionary remedy.
- Filed when no adequate legal remedy or direct appeal is available.
- Commonly used in Florida to review non-final court orders or administrative decisions.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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