Also known as: certiorari
Written by attorneys · grounded in primary & secondary sources — see below
An order issued as part of a writ of certiorari directing a lower court to certify and transmit its record for appellate review.
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Corinne Cho lost her contract claim in district court. On appeal she argued that the trial judge had given an erroneous jury instruction. The court of appeals issued certiorari facias to obtain the full trial transcript and exhibits. After examining the record the appellate panel concluded that the instructional error did not affect Corinne's substantial rights and affirmed the judgment.
Jagdish Rai Chadha challenged a deportation order after Congress exercised a legislative veto. The court of appeals issued certiorari facias to the immigration agency to certify the administrative record. The Supreme Court reviewed the certified materials and held the veto unconstitutional.
Cypress Technologies contested an EPA regulation in district court. After losing, the company sought review. The court of appeals issued certiorari facias directing the agency to certify and forward the entire rulemaking record. The panel then assessed whether the agency had considered all relevant factors.
Cecilia Cabrera sued in state court. The defendant removed the case. Cecilia moved to remand. The district court issued certiorari facias to the state court clerk to certify the pleadings and removal papers. The federal court then examined the certified record to decide whether diversity jurisdiction existed.
Caleb Chang applied for a building permit. The coastal commission granted it only if he dedicated a public easement. After losing in state court Caleb petitioned for review. The Supreme Court issued certiorari facias to obtain the full administrative record and permit conditions.
Christian Coleman was convicted under a federal statute for possessing a firearm near a school. He appealed on constitutional grounds. The court of appeals issued certiorari facias to the district court to certify the trial record and stipulated facts. The Supreme Court later reviewed the certified materials to assess congressional power.
The phrase directs the lower court to certify and send up its record so the reviewing court can examine it.
Certiorari facias is the command within a discretionary writ that requires the inferior court to produce the official record, whereas a notice of appeal is a party's filing that initiates review without necessarily ordering record certification.
It is used when the Supreme Court or a court of appeals grants a writ of certiorari and needs the complete lower-court record to decide whether any error affected substantial rights.
…(1971). III It might have been preferable if the defendant, pursuant to our Rule 20, had presented to us a petition for certiorari before judgment in the Court of Appeals with respect to the granting of the plaintiffs' prayer for declaratory relief. Our decisions in Mitchell v. Donovan , 398 U. S. 427 (1970), and…