Also known as: de recordo et processu mittendis writ · writ of certiorari · record removal writ
Written by attorneys · grounded in primary & secondary sources — see below
A writ directing a lower court to transmit the record and process of a case to a superior court for review on writ of error.
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Dustin Donovan lost in district court and sought review in the court of appeals. He petitioned for de recordo et processu mittendis to compel the lower court to forward the full trial transcript and exhibits. The appellate court examined the record and affirmed after finding no error affecting substantial rights.
Demetrius Douglas sued a former president for damages arising from official acts. After the district court denied immunity, the defendant sought de recordo et processu mittendis to send the complete proceedings to the Supreme Court. The high court reviewed the transmitted record before resolving the immunity question.
Deanna Davenport challenged a deportation order after Congress vetoed suspension of her removal. She obtained de recordo et processu mittendis to transmit the full administrative and congressional record to the Supreme Court. The Court used the materials to determine whether the legislative veto violated separation of powers.
Doris Duffy, publisher of a newspaper, faced an injunction against printing classified documents. She requested de recordo et processu mittendis to forward the sealed district court record for immediate Supreme Court review. The Court examined the transmitted materials before lifting the restraint.
Dwight Dorsey challenged nuclear safety regulations issued by a federal agency. After losing below, he moved for de recordo et processu mittendis to send the entire rulemaking record to the Supreme Court. The Court reviewed the transmitted administrative file before upholding the agency action.
Deborah Dunn, special prosecutor, subpoenaed presidential tapes for a criminal trial. The president resisted and the dispute reached the Supreme Court after de recordo et processu mittendis transmitted the full district court record. The Court examined the materials to balance executive confidentiality against the need for evidence.
It orders a lower court to send the complete record and process of a case to a superior court so that the higher court may conduct review on writ of error.
Supporting sources
The writ historically performed the function now served by notices of appeal and orders transmitting the record under statutes such as 28 U.S.C. § 2111, which requires appellate courts to examine the record while disregarding harmless errors.
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No. Modern rules have replaced the common-law writ of error and its accompanying record-transmission writ with the notice of appeal and the record on appeal procedures codified in Title 28.
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…a taking of petitioner's property. Accordingly, I respectfully dissent. Statement — Justice Souter I would dismiss the writ of certiorari in this case as having been granted improvidently. After briefing and argument it is abundantly clear that an unreviewable assumption on which this case comes to us is both questionable as…