A writ (order) of a higher court to a lower court to send all the documents in a case to it so the higher court can review the lower court's decision. Certiorari is most commonly used by the U.S. Supreme Court, which is selective about which cases it will hear on appeal. To appeal to the Supreme Court one applies to the Supreme Court for a writ of certiorari, which it grants at its discretion and only when at least three members believe that the case involves a sufficiently significant federal question in the public interest. By denying such a writ the Supreme Court says it will let the lower court decision stand, particularly if it conforms to accepted precedents (previously decided cases).
A writ of certiorari is a device used by courts of last resort, such as the United States Supreme Court, that have discretion to select the cases they want to hear. If the party who lost in the court below seeks review in a court that has discretion to hear the appeal, that party files a "Petition for Writ of Certiorari." If the court grants the petition, it will hear the appeal. If the court denies the petition, it will not hear the appeal.
Note:
Denials of certiorari -- abbreviated "cert. denied" in citations - carry no precedential value and do not indicate that the higher court agreed with the lower court's decision. Accordingly, denials of certiorari typically should not be included as subsequent history. However, because denials inform readers that the lower court's decision has become final, the information should be included if the cited lower-court decision is two years old or less. Two years was selected because that is the time within which most cases are resolved on appeal.
Indication of the denial of certiorari also should be included if the case is particularly important to the discussion in your paper. A denial of certiorari is important if the case is the focus of the discussion. It also is important when the higher court issues an opinion explaining why a petition for certiorari was denied or when a judge issues a dissenting opinion concerning the denial of certiorari.
