A cert petition (petition for writ of certiorari) asks the Colorado Supreme Court, which is the highest court in the state, to review the decision of the Colorado Court of Appeals.
The criteria for filing a cert petition in Colorado may depend on the type of case and the court involved. In general, however, the following general criteria may apply:
- Final Judgment or Decision: Generally, a cert petition is filed after a final judgment or decision has been issued by a lower court. The petitioner must have exhausted all available remedies in lower courts.
- Constitutional or Significant Legal Issue: The petitioner must present a constitutional or significant legal issue that is of statewide importance. The issue should be one that the Colorado Supreme Court needs to address to provide clarity and guidance on the law.
- Conflict of Law or Precedent: A cert petition may be granted if there is a conflict between decisions in different divisions of the Colorado Court of Appeals or if there is a conflict with existing precedent.
- Important Public Policy Issue: The case must involve an important public policy issue that warrants the attention of the Colorado Supreme Court.
- Certification from Court of Appeals: In certain cases, the Colorado Supreme Court may grant a cert petition if the Court of Appeals certifies the case as presenting an issue of statewide importance.
It’s important to note that a cert petition which asks the Colorado Supreme Court to review erroneous factual findings or the misapplication of a properly stated rule of law are highly unlikely to be successful. Instead, a petitioner needs to show the Court why it should step in and help shape the dynamic of Colorado state law.
It’s advisable to consult the Colorado Rules of Civil Procedure and the Colorado Appellate Rules or seek legal advice for the most accurate and up-to-date information. To speak with a knowledgeable Colorado appeals attorney about your cert petition, contact the Alderman Law Firm today for a free consultation.