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What is Certiorari?

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A writ of certiorari is a form of appellate review. The differences between an appeal and review by certiorari are significant. There is no right to a writ of certiorari as there is to a first appeal. And the standards of review are quite distinct. To prevail on a petition for writ of certiorari, the petitioner must show that the trial court departed from the essential requirements of the law and that the petitioner will suffer irreparable harm unless the writ of certiorari is granted. An example of an order that might be reviewed by certiorari procedures is a trial court order compelling that certain records of a litigant be produced.  more
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