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In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review.
In England, the Administrative Court (part of the Queen's Bench Division of the High Court of Justice) now issues "quashing orders" rather than writs of certiorari. [11] In the United States, the Supreme Court of the United States grants writs of certiorari "to review questions of law or to correct errors or excesses by lower courts". [12]
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
Unlike the remedies of quashing, prohibiting and mandatory order the court is not telling the parties to do anything in a declaratory judgment. For example, if the court declared that a proposed rule by a local authority was unlawful, a declaration would not resolve the legal position of the parties in the proceedings.
In 1946, Congress amended the Federal Rules of Civil Procedure and specifically abolished the writ of coram nobis in federal civil cases.Prior to enactment of these amendments, Congress reviewed all relief previously provided for civil cases through the writ of coram nobis and adopted those avenues of relief into the rules; therefore, eliminating the need for the writ in federal civil cases. [25]
Cukurova Finance International Ltd & Anor v Alfa Telecom Turkey Ltd [2009] UKPC 19 (5 May 2009), P.C. (on appeal from British Virgin Islands), [2012] UKPC 20 (23 May 2012), [2013] UKPC 2 (30 January 2013), [2013] UKPC 20 (9 July 2013), [2013] UKPC 25 (29 July 2013) and [2014] UKPC 15 (13 May 2014) were a series of judicial decisions of the Judicial Committee of the Privy Council, one of which ...
The writs of quo warranto and procedendo are now obsolete, and the orders of certiorari, mandamus and prohibition are under the new Civil Procedure Rules 1998 known as "quashing orders", "mandatory orders" and "prohibiting orders" respectively. The writ of habeas corpus is still known by that name.
The Federal Courts Act, and the concurrent Federal Courts Rules govern any application for judicial review in the federal courts. The source of this power can be found in s. 28 of the Federal Courts Act , which provides that the Federal Court of Appeal is the appropriate venue for judicial review of decisions by federal boards and tribunals.