Petition for Writ of Certiorari

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE AND PARTIES

Petitioner Name *

Respondent Name *

Filing In (Appellate Court) *

County (Lower Court County)

03LOWER TRIBUNAL INFORMATION

Lower Court / Tribunal *

Presiding Judge

Lower Court Case Number *

Date of Lower Court Decision *

Nature of Lower Court Decision / Order Being Reviewed *

04TIMELINESS OF PETITION

Was a Timely Notice of Appeal Filed in the Lower Court?

05ISSUES FOR REVIEW

06GROUNDS FOR CERTIORARI

Why is Certiorari the Appropriate Remedy? (Select all that apply) *

No appeal as of right exists from this interlocutory order or ruling Appeal deadline was missed for good cause and certiorari is the only available remedy The case presents a substantial legal question of general public significance Manifest injustice would result without immediate appellate review Immediate irreparable harm will occur if review is delayed

Argument in Support of Certiorari *

Cases / Authority Cited

07CERTIFICATE OF SERVICE

Served Upon *

Date of Service *

LOWER COURT COUNTY

— Select above —

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WHAT IS CERTIORARI?

Discretionary review — the court MAY refuse to hear the case
Used when no right to appeal exists from an interlocutory order
Used when appeal deadline was missed and no right to reinstate
Used when extraordinary circumstances require immediate review
Attach a copy of the order being reviewed to the petition

WHEN TO FILE

NC Court of Appeals reviews trial court decisions
NC Supreme Court reviews Court of Appeals decisions
File in the court one level above the court being reviewed
File within a reasonable time of the order being reviewed
Delay without good cause weighs against granting the petition

STATUTORY REFERENCE

G.S. 7A-32Certiorari jurisdiction

N.C.R.App.P. 21Certiorari procedure

G.S. 7A-27Appeals of right

N.C.R.App.P. 3Notice of appeal time

NEED AN ATTORNEY?

Certiorari petitions require strong legal arguments — attorney strongly recommended
Barker Richardson, PLLC →
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