What Is Certiorari?

Every year, thousands of people ask the Supreme Court to hear their case. The process of asking is called filing a "petition for a writ of certiorari" — or just "filing for cert." Here's what that means and how it works.

The Petition Process

When you lose a case in a lower court, you can ask the Supreme Court to review it. You do this by filing a petition that explains why your case is important enough for the Court to hear. The other side then files a response explaining why the Court should not take the case.

The Rule of Four

The justices meet in private conferences to review petitions. If at least four of the nine justices vote to take a case, the Court will hear it. This is called the "Rule of Four."

What the Court Looks For

The Court is not a court of last resort for everyone — it doesn't simply correct errors. Instead, it takes cases that involve:

• Important constitutional questions: that need to be settled
• Circuit splits: — when different federal appeals courts have reached different conclusions on the same legal question
• Issues of national importance: that affect many people beyond the parties in the case
• Conflicts with Supreme Court precedent: by lower courts

The Numbers

The Court receives approximately 7,000-8,000 petitions each term but agrees to hear only 60-80 cases. That means the vast majority of petitions are denied — about 99%.

What "Cert Denied" Means

When the Court denies a petition, it does NOT mean the Court agrees with the lower court's decision. It simply means the Court has decided not to hear the case at this time. The lower court's ruling stands, but only in that court's jurisdiction.

Cert Granted

When the Court agrees to hear a case ("grants cert"), the case is scheduled for briefing and oral argument. Both sides submit written arguments (briefs), and the Court schedules a date for oral argument where lawyers present their case in person.