Asked in Appeals / Appellate Law for California

Q: Can you appeal the 9th Circuit court of appeals decision to the higher court?

What is the higher court than the court of appeals? Supreme court?

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3 Lawyer Answers
Charles William Michaels
PREMIUM
Answered

A: Yes, the US Supreme Court. But an appeal to that Court is not as of right. You first have to petition the US Supreme Court to review your case--only if that petition is granted can you proceed with that appeal. That petition has strict rules and procedures, mostly described in the Supreme Court's website under Rules. The filing fee, in most cases, is $300.

A: You're correct. It's the Supreme Court, on writ of certiorari. As my colleagues correctly state, it is a stringent process. Good luck

James L. Arrasmith
PREMIUM
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Answered

A: Yes, you can appeal a decision from the 9th Circuit Court of Appeals to a higher court. The higher court in this context is the United States Supreme Court.

To appeal to the Supreme Court, you must file a petition for a writ of certiorari. This petition requests the Supreme Court to review the lower court's decision. It's important to note that the Supreme Court has discretionary power in deciding which cases to hear. They usually select cases that have national significance, involve important legal principles, or resolve conflicting decisions of the lower courts.

The process of appealing to the Supreme Court is complex and adheres to strict deadlines and procedural rules. Considering the complexity and the selectivity of the Supreme Court in hearing cases, seeking legal advice to understand the feasibility and implications of such an appeal is advisable.

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