The legal process doesn’t always end with a trial verdict. When a party believes that a lower court made a legal error, they may pursue an appeal to a higher court. In some cases, this process involves filing a writ of certiorari, a formal request asking an appellate court to review the lower court’s decision. To move forward with this type of appeal, the petitioner is often required to obtain a certiorari bond.
If you’re an attorney assisting a client with an appeal, we can help you secure the bond you need efficiently and reliably. Here’s what you need to know about certiorari bonds and how they function within the appeals process.
What Is a Writ of Certiorari?
A writ of certiorari is a procedural legal tool used to request a higher court’s review of a lower court’s decision. It is most commonly associated with appellate proceedings and can be used in both civil and criminal cases.
Unlike standard appeals, certiorari is a discretionary review, meaning the higher court can decide whether or not to hear the case. This is often used when:
- A legal issue of significant public interest is involved.
- There are conflicting decisions in different appellate courts.
- There’s concern about the lower court exceeding its jurisdiction or abusing its discretion.
In some jurisdictions, particularly in state courts, seeking review via certiorari may also require the appealing party to post a certiorari bond to ensure compliance with the legal process and protect the opposing party’s interests.
What Is a Certiorari Bond?
A certiorari bond is a type of court bond required when a party files a writ of certiorari. Its primary purpose is to guarantee that:
- The appealing party will prosecute the appeal in good faith.
- They will abide by the judgment of the appellate court.
- They will pay any costs or damages that may result from delaying the enforcement of the lower court’s judgment.
This bond functions similarly to an appeal bond or supersedeas bond, but it is specific to appeals made through the writ of certiorari process.
Why Courts Require Certiorari Bonds
Courts use certiorari bonds to discourage frivolous or bad faith appeals. Since appeals can delay enforcement of judgments, the bond ensures that the losing party will not use the legal process merely to stall proceedings without consequences.
By requiring a bond, the court protects:
- The prevailing party’s rights, ensuring that they are compensated for damages caused by the appeal if it fails.
- The integrity of the judicial process, encouraging only serious, legitimate appeals.
- The public interest, especially in cases that involve broader implications or significant legal questions.
How the Certiorari Bond Process Works
1. Court Orders a Bond
Once a petition for a writ of certiorari is filed, the court may order the petitioner to obtain a certiorari bond. The amount of the bond is generally set by the court and may be based on:
- The monetary judgment in the original case
- Court fees and legal costs
- Potential damages from delayed enforcement
2. Petitioner Applies for the Bond
To secure the bond, the petitioner must apply through a licensed surety bond agency. The application typically includes:
- Personal or business financial information
- Credit history
- Details about the underlying case
3. Bond Issuance and Filing
Once the application is approved and the premium paid, the surety issues the certiorari bond. This bond must be filed with the court by the deadline set in the order. Failure to file the bond on time can result in dismissal of the appeal or enforcement of the original judgment.
4. Bond Remains in Effect During Appeal
The bond stays active while the appeal is pending. However, if the appeal is unsuccessful and the delay caused damages, the bond can be called upon to compensate the appellee.
How We Help with Certiorari Bonds
At The Patrick J. Thomas Agency, we understand the urgency and complexity that often accompanies legal appeals. Our experienced team works with attorneys and individuals across the country to secure court bonds quickly and professionally. We work directly with the legal community to make the bonding process seamless, so you can focus on the case, not the paperwork.
Get a Certiorari Bond Today
If you or your client needs a certiorari bond, we’re here to help you navigate the process with speed and confidence. We specialize in court bonds for all types of appeals and legal proceedings, and we’re proud to support attorneys and individuals as they seek justice through the legal system.
Need a Certiorari Bond?
Contact The Patrick J. Thomas Agency to Start Your Application Today.