Tips for Effective Petitions for Certiorari - June 2007 - Practice and Procedure

• Jurisdiction: Colorado,United States
• Citation: Vol. 36 No. 6 Pg. 63
• Pages: 63
• Publication year: 2007

36 Colo.Law. 63 Colorado Lawyer 2007.

2007, June, Pg. 63. Tips for Effective Petitions for Certiorari - June 2007 - Practice and Procedure

The Colorado Lawyer
June 2007
Vol. 36, No. 6 [Page 63]

Departments
Practice and Procedure
Tips for Effective Petitions for Certiorari
by Jason C. Astle

Jason C. Astle is a law clerk for Colorado Supreme Court Justice Alex J. Martinez and a 2006 graduate of the University of Denver Sturm College of Law - jastle06@law.du.edu. The opinions expressed in this article are solely those of the author and do not reflect those of the Colorado Supreme Court.

Send your ideas for "Practice and Procedure" articles to leonamartinez@cobar.org.

The Colorado Supreme Court receives approximately 1,000 petitions for certiorari (cert petitions) every year. Although the Court's justices vote on every one of them, very few will be granted.(fn1) To help the justices handle the volume, law clerks review cert petitions and prepare objective memoranda that outline the issues presented in the case and the arguments advanced by the parties. The memoranda amount to a first look at the merits of the petition and are an important step in the petitioner's quest for certiorari review.

By providing "best practice" tips, this article is intended to assist both attorneys and pro se litigants wanting to file a cert petition with the Colorado Supreme Court, as well as those who are writing in opposition to a cert petition. Written from the perspective of a law clerk who reads petitions and writes memoranda for a Colorado Supreme Court justice, this article provides suggestions intended to help petitioners better argue their cases.

Filing Basics

Before analyzing the cert petition itself, a brief overview of the mechanics of filing one is necessary. Certiorari is a writ, granted at the Court's discretion, issued to review a lower court's decision. The rules governing appeals and writs can be found in the Colorado Appellate Rules, adopted by the Colorado Supreme Court, and in the Colorado Revised Statutes.(fn2) Generally, after a lower court enters a final judgment, a party may file a petition with the clerk of the Supreme Court, paying requisite filing fees.(fn3) Petitions must be "succinct and shall not exceed twelve pages . . . [and] shall comply with C.A.R. 32."(fn4)

Except for amicus curiae briefs, there are only three cert petition-related filings with the Court: (1) the petition; (2) the opposition (filed by respondents), which also may include a cross-petition; and (3) the reply (filed by the petitioner).(fn5) Denial of a cert petition typically ends the appeal process, unless the petitioner chooses to pursue a cert petition in the U.S. Supreme Court.

Framing the Issues

Before a petitioner can file a cert petition, he or she must create it. The most effective petitions are those that clearly identify the important issues needing resolution by the Colorado Supreme Court. The issues presented in the cert petition are, in many ways, the most important part of the petition. They frame the facts and the arguments and tell the Court in one sentence what will be decided if the petition is granted. Issues presented therefore should be narrowed to the most important claims. If every conceivable issue is listed or repeated by putting the same issue in different terms, the petition may hide, or detract from, the most important or strongest issues presented.

Issues should be framed narrowly. This may be...