PART V — JURISDICTION AND COMMENCEMENT
Rule 47. Discretionary review by petition for review or certiorari
Nature of review
Review by petition for review, historically called certiorari, is discretionary and granted only for a compelling reason. The two names describe one remedy unless a statute expressly distinguishes them.
Considerations
Compelling reasons may include:
conflict among Ridgeway lower tribunals on an important issue;
conflict with a controlling Supreme Court decision;
an important constitutional or statutory question not settled by the Court;
a recurring issue of substantial public or institutional importance;
a serious departure from accepted judicial procedure requiring supervisory correction;
a lower decision that invalidates or sustains a significant State action on an unsettled ground;
a need to reconsider controlling precedent; or
another exceptional reason affecting the uniform administration of justice.
Reasons ordinarily insufficient
Review is rarely granted merely to correct a disputed fact finding, reweigh evidence, correct a harmless error, or apply a correctly stated rule to a unique record.
Time to petition
A petition must be filed within fourteen days after entry of the judgment or order to be reviewed. A timely authorized rehearing motion below restarts the period from entry of the order disposing of it.
Extension
A motion filed before expiration may request one extension of no more than seven days for extraordinary good cause. No extension may be granted if a statute fixes or forbids extension of the period.
Petition before final judgment
Review before final judgment is disfavored and requires an issue of imperative public importance, a showing that ordinary review would be ineffective, and a lawful basis for interlocutory jurisdiction.
No right to response or argument
Filing a petition does not create a right to a response, record transmission, oral argument, or explanation of denial.