Common Law Writs From the Practical to the Extraordinary

In Florida, you usually have to wait until a court case is over before you can appeal a decision. But in special cases where waiting would cause serious harm, you can ask for immediate review through a common law writ. These writs are based on longstanding legal traditions and give you a special way to challenge a court decision. You start this process by filing a petition directly with the higher court, instead of filing an appeal in the lower court. This can help you get a decision more quickly. If you want to include any evidence from the court case, you have to include it with your petition. Prior to 1957, the Florida Supreme Court was the only court that could review cases. In 1957, the district courts of appeal were created, but the Florida Supreme Court still had the power to review their decisions. However, the intention was to limit the Supreme Court’s reviews. In 1980, the Florida Supreme Court lost the power to review decisions made by the district courts of appeal, but still had the authority to issue certain types of writs. District and Circuit Courts have the power to review nonfinal and final orders through a writ of certiorari. This writ is like a safety net, allowing the higher court to stop a miscarriage of justice when no other method of appeal is available. When filing a petition for a writ of certiorari, it must include the reason for asking the court to review the case, the facts, the relief sought, and arguments and citations. There is a strict 30-day deadline to file a petition for certiorari, and filing a motion for rehearing does not extend this deadline. If a circuit court issues an order that could cause serious harm but isn’t final and can’t wait for an appeal, a lawyer can ask for a writ of certiorari to review the order right away. The lawyer has to show that the order breaks the law, would cause serious harm, and can’t be fixed later. But courts are careful about using certiorari and will only do it in certain situations. When a court does issue a writ of certiorari, it can only cancel the order that broke the law. And for orders from government agencies, lawyers can also ask for a writ of certiorari to review them before a final decision is made. In simpler terms, certiorari is a way for a higher court to review certain types of orders from a lower court. This can include orders for things like sharing private information, paying punitive damages, or denying a motion to dismiss a case. It’s a way to make sure the lower court followed the law and didn’t make any big mistakes. Certiorari review is like a traditional appeal for certain administrative or local government decisions. A circuit court reviews the decision and then a district court can review that decision, but only to see if due process was followed and if there was a departure from the law. There is a stricter standard for the district court review, and it’s not guaranteed like the circuit court review. So, certiorari review can be used for different stages of the same case, but it’s limited in the second stage. The writ of prohibition is used to stop a lower court from making a decision in a case if it doesn’t have the authority to do so. It’s like a preventative measure. The writ of mandamus is used to make a government official do something they are legally required to do. Quo warranto is used to challenge someone’s right to hold a public office or exercise a right given by the government. There are no specific deadlines for filing these petitions, but it’s best to do it as soon as possible. A writ of habeas corpus is used to check if a prisoner’s detention is legal. It shouldn’t be used to bring up issues that should have been dealt with at trial or on appeal. The all-writs jurisdiction is a court’s authority to protect its power in a case and shouldn’t be used to get around the rules of appeal. These writs are still important for getting relief when normal appeals don’t work. Under English common law, a writ was a command from the king that gave someone the right to bring a legal action before the King’s Bench or Court of Common Pleas, which were seen as the highest decision-making authorities. The United States also used these writs, and some are still important for getting a case reviewed. Many have been abolished or aren’t used anymore, but some, like the writ of coram nobis, are still powerful tools for getting a review of a case. If you want to challenge a decision made by a government agency, board, or commission, you have to file a petition within 30 days of the decision. This petition has to show why you need immediate relief. The petition can only be 50 pages, and the response can also only be 50 pages. If you lose your case, you can ask the court to review the decision, but you have to do it within a certain time frame.

Source: https://www.floridabar.org/the-florida-bar-journal/common-law-writs-from-the-practical-to-the-extraordinary/