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Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
The court applied similar reasoning to the writ of prohibition the next year. [34] To avoid the obvious implication that nearly all California government agency decisions were now entirely immune from judicial review, the court held in 1939 that the writ of mandate could be used instead for that purpose. [34]
The modern form of Supreme Court certified question jurisdiction was enacted in 1925 and amended in 1949. [56] 28 U.S.C. § 1254 provides: Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
The Antiterrorism and Effective Death Penalty Act of 1996 changed the procedures for issuing a certificate of appealability in federal court. Under the 1996 law, there can be no appeal from a final order in a §2255 proceeding unless a circuit justice or judge issues a certificate of appealability. [7] The United States Supreme Court held in ...
The court also hears questions submitted to it by appeals courts themselves via a process known as certification. [200] The Supreme Court relies on the record assembled by lower courts for the facts of a case and deals solely with the question of how the law applies to the facts presented.
In nearly all of the cases heard by the Supreme Court, the Court exercises the appellate jurisdiction granted to it by Article III of the Constitution. This authority permits the Court to affirm, amend or overturn decisions made by lower courts and tribunals. Procedures for bringing cases before the Supreme Court have changed significantly over ...
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A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.