The Supreme Court Granted my Petition for Review – Now What?

First of all — if the supreme court has granted your petition for review — congratulations are in order. In most states, fewer than 10 percent of petitions for review are granted. Unlike in the court of appeals, where the court is required to hear your case, the state supreme court gets to choose which cases it will hear – meaning the court wants to hear your case.

Along with notification that your petition for review has been granted, the clerk of the supreme court will include a briefing schedule setting all applicable deadlines. These deadlines are often set by statute. In Wisconsin, for example, the deadlines are as follows:

  • Petitioner’s Brief: Due within 30 days of the order granting the petition for review
  • Respondent’s Brief: Due 20 days following the file date of the petitioner’s brief
  • Petitioner’s Reply Brief: Due 10 days following the file date of the respondent’s brief

When filing these briefs, it is important to follow all rules for format and filing. For example, the clerk of the supreme court will require a specific number of copies of each brief. In Wisconsin, for example, the supreme court requires 22 copies of each brief. Following briefing, the supreme court may request oral arguments. Following oral arguments, the supreme court will likely take several months to issue a decision.

Importantly, parties can only argue  the issues that were set forth in the petition for review. The supreme court may further narrow the issues for review as it deems appropriate. Should the supreme court omit argument on an issue identified in the petition for review, that issue may be remanded to the court of appeals for further review.

To speak with a knowledgeable attorney about your case on the state supreme court level, contact the Alderman law Firm today for your free consultation by calling 720-588-3529 (CO) or 608-620-3529 (WI).