Pro Se Guide: Procedures for Filing Petition for Writ of Certiorari
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Utah Supreme Court
Office of the Clerk of Court450 S. State
P. O. Box 140210
Salt Lake City, UT 84114-0210
Overview
This packet is designed to give you basic information concerning the filing of a petition for a writ of certiorari. Although you are filing as a pro se litigant, you are responsible for learning about and following the procedures that govern the court process. Although the clerk's staff can provide you with general information concerning court rules and procedures, they are prohibited from writing your papers for you and from participating directly or indirectly in any action.
Keep in mind that as a pro se litigant, you are representing only yourself. The law prohibits you from representing another person, company or entity such as a club or association that includes other individuals. You are expected to follow the same rules and procedures that licensed attorneys must follow.
Library Resources
All appeals to this court must conform to the Utah Rules of Appellate Procedure. You should familiarize yourself with rules 46, 47, 48, 49, 50 and 51 which apply to the filing and processing of the petition for writ of certiorari. The petition must also conform with the requirements of rules 21and 27. These rules can be found in a volume entitled Utah Court Rules Annotated which is readily available at the law libraries listed below:
- The State of Utah Law Library located in the first floor of the Scott M. Matheson Courthouse at 450 S. State, Salt Lake City, Utah; 238-7990;
- The S.J. Quinney Law Library at the University of Utah College of Law, at University Street, approximately 300 South and 14th East on the U of U campus; 581-6438;
- The Howard Hunter Law Library located on the Brigham Young University campus in Provo, Utah; 378-3593.
In addition to legal books, the libraries have briefs that contain petitions for writ of certiorari that have been filed during the last several years. They can be used as a general guideline as to the manner in which a writ is constructed, but keep in mind that the information in these petitions is directed strictly to a specific appeal and may not have any bearing at all on your case.
They should not be used as a source of information for arguments on the merits of your appeal. As a pro se litigant, you must do your own research. The librarians can show you where to look for petitions to use as a resource, but they cannot do your research for you.
Copy of Basic Rules Attached to Packet
The basic rules for filing the writ are linked to this document for your convenience in case you are unable to visit a law library. If your writ is granted you will be given more information concerning the briefing process. Rules 46, 47, 48, 49, 50 and 51 apply to the filing and processing of the petition for writ of certiorari. The petition must also conform with the requirements of Rules 21 and 27.
Packet Is An Overview Only
Please keep in mind that this packet is an overview of what you are expected to file. It is in your own best interest to research the Utah Rules of Appellate Procedure for any other applicable information you may need.
Frivolous Lawsuits Prohibited
Rule 33 of the Utah Rules of Appellate Procedure prohibits the filing of lawsuits that are clearly frivolous or filed merely to harass someone. If after reviewing your writ, the court determines that you have filed for an improper or clearly unnecessary purpose, it may impose sanctions against you per Rule 34. This includes ordering you to pay a fine to the court or pay the legal fees of the person or persons against whom you filed the writ.
Extension Of Time To File Writ:
A motion for extension of time to file a petition for writ of certiorari may be filed up to 30 days after what would have been the due date for the petition under Rule 48.
Filing Fee
The fee for filing a petition for writ of certiorari is $205.00 payable by cash, check, money order, and credit card. If you do not have a source of income and are not able to pay the filing fee, you may submit an affidavit of impecuniosity to waive the cost. A blank affidavit of impecuniosity is included in this packet should you need one.
Additional Costs
Waiver of the filing fee does not automatically waive the other costs associated with pursuing your writ. If, for example, you need copies of original documents in your case file, the clerk's office is required to charge the standard rate of $.25 per page.
Change of Address Notification
You must notify the Supreme Court immediately in writing if you have a change of address during the appeal process.
Office Hours
Parties may file pleadings with the court in person or by mail. Office hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except on official state and federal holidays. The Supreme Court address and phone number is on the front of this packet.
Return to TopChecklist for Petitions for Certiorari
Deadlines for Filing
- Petition: 30 days after entry of decision or decision on petition for rehearing.
- Cross-petitionWithin time permitted for petition or 30 days after petition is filed. Cross-petition may not be joined with other filing.
- Brief in opposition: 30 days after service of petition.
- Reply brief: No deadline.
- Extension for petition or cross-petition: By motion showing excusable neglect filed within 30 days of the expiration of the original deadline.
- Obligation of counsel for petition and cross-petitioner: To notify all parties of the date of filing and of the Supreme Court docket number
Number of Copies
- Ten copies filed with the Supreme Court-one with an original signature; reproduced signature on other copies.
- Two copies served upon counsel for all parties to the petition.
Length
- Petition and brief in opposition: 20 pages excluding index, table of authorities, and required verbatim quotations.
- Reply brief: 5 pages.
Size, Binding, Print, and Cover Requirements
Content Requirements
- List of all parties unless all parties appear in the caption.
- Table of contents with page references.
- Table of authorities with page references: (a) cases listed alphabetically with parallel citations: (b) rules: (c) statutes: (d) other authorities.
- Questions presented for review stated in the circumstances of case.
- Citation to the opinion of the Court of Appeals.
- Statement of the jurisdiction of the Supreme Court:
- date of entry of decision to be reviewed;
- date of entry of order respecting a petition for rehearing or date of entry and terms of order respecting an extension of time in which to file the petition;
- date of filing of petition when filing a cross-petition;
- statute that confers jurisdiction upon the Supreme Court.
- Constitutional provisions, statutes, ordinances, and rules set out verbatim or by citation alone if set out verbatim in the appendix.
- Statement of the case:
- nature of the case;
- course of proceedings and dispositions in other courts;
- statement of facts supported by citations to the record and the opinion of the Court of Appeals.
- Concise argument of the special and important reasons for issuance of the writ. Rules 46 and 49.
- Appendix
- opinions and order of the Court of Appeals;
- findings of fact, conclusions of law, orders and judgments rendered by the Court of Appeals or any other court or agency;
- other judicial or administrative decisions relating to the case.
PROCESSING OF A PETITION FOR WRIT OF CERTIORARI
- Petition For Writ Of Certiorari Filed -The Petition is due 30 days after the entry of the final decision by the Court of Appeals.
- Response To Petition For Certiorari -The response is due 30 days after the petition is filed in the Supreme Court.
- Petition Is Taken Under Advisement -A reply may be filed within 30 days of the response, but the court will not delay the processing of the petition to wait for a reply.
- If Petition Is Denied the case is closed out.
- If Petition Is Granted the clerk's office will issue a writ directing the record to be sent to this court. The case will proceed under rules 24 through 31 of the Utah Rules of Appellate Procedure.
- Petitioner's Brief To Be Filed (Blue) -The brief is due 40 days after record is filed. Supreme Court will send notice of due date.
- Respondent's Brief To Be Filed (Red) -The respondent's brief is due 30 days after petitioner's brief is filed.
- Case Is Now At Issue - The case is set for the next available oral argument date.
- Petitioner's Reply Brief (Gray) -The reply brief is optional and is due 30 days after filing of respondent's brief.
- Oral Argument Before The Court
- Case Is Taken Under Advisement
- Court Issues Opinion
- Petition For Rehearing -The petition for rehearing is optional- due 14 days after opinion is issued.
- Remittitur Issued (The record is returned to the trial court.) -The remittitur is issued 14 days after the opinion is issued, or if a petition for rehearing is filed, is due 5 days after the petition for rehearing is resolved.
UTAH RULES OF APPELLATE PROCEDURE FORM 10
Certificate of Service
(Personal Service)
I, (your name) , certify that on (date) . I served a copy of the attached petition for writ of certiorari upon (name), counsel for respondent in this matter, by personally serving it upon them at the following address:
List the address here
___(signature)___
-or-
(Service by Mail)
I, ___(your name)___ , certify that on ___(date)___ I served a copy of the attached petition for writ of certiorari upon ___(name)___ , counsel for respondent in this matter, by personally serving it upon them by first class mail with sufficient postage prepaid to the following address:
List the address here
___(signature)___