Time Limits & Deadlines for Filing a Petition for Writ of Certiorari
This rule sets critical dates and deadlines that defense attorneys must keep in mind when considering options relating to a petition for writ of certiorari.
Timeliness of the Petition – 30 days:
Subsection (a) requires that the initial petition for a writ of certiorari must be filed within 30 days after the Court of Appeals issues its final decision. This time period does not begin running from the date of remittitur, but runs from the date that the decision is issued — not the date of publication, but the date of issuance.
Motions for Extension of Time
If it appears that it will take more than 30 days to prepare the petition for writ of certiorari, a motion for extension of time should be filed.
If the extension request is filed within the 30-day period, subsection (e)(1) provides that the Supreme Court “will grant” the request. If the request is not filed until after the 30-day period has run, the court will only grant the motion if there is “a showing of good cause or reasonable neglect.”