What Is a Writ of Certiorari?
A writ of certiorari is an order from a higher court directing a lower tribunal to send up its record for review. It is a discretionary remedy: the reviewing court chooses whether to grant it. The word "certiorari" comes from the Latin for "to be more fully informed."
Certiorari in Florida
In Florida, common-law certiorari is most often used in the District Courts of Appeal (and circuit courts in their review capacity) to review certain non-final orders and quasi-judicial decisions of local government boards — for example, a zoning or code-enforcement ruling. Because it is an extraordinary remedy, the petitioner must show more than ordinary error.
The Standard for Relief
To obtain certiorari relief, a party generally must show a departure from the essential requirements of law that causes material injury which cannot be adequately remedied on later appeal (often called irreparable harm). This is a deliberately high bar — certiorari corrects serious legal errors, not ordinary disagreements with a ruling.
Related Terms
- Appeal — The ordinary route to review a final judgment
- Writ of Mandamus — A related extraordinary writ
- Petition — The filing that seeks a writ
Barnes Walker Litigation
Barnes Walker's litigation attorneys pursue appellate and certiorari review of trial-court and local-government decisions across Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC