Question:

What is cert received from Civil Court of Appeals refer to?

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After a local judge granted summary judgement on an open/shut case we filed an appeal with the appeals court (see oscn.net case SD - 105727). The original opinion was affirmed. So now we filed a writ of cert in the case. Yesterday an entry was made to our case but I don't know what it means. What are they referring to as cert? It showed up late last night and I cannot contact my lawyer until Monday. Anyone know if this means that the court of civil appeals is just confirming that they received the writ of cert?

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  1. .     It just means that your paperwork was filed in a "timely" manner and the time limits have been satisfied.  You can move on the the "next level".


  2. You filed a petition for a writ, not the writ itself.  Am guessing you're looking at the court website so it's hard to tell whether they were simply entering that the petition had been received or that the writ has been granted.  If you only just filed the petition, it's probably just that it's been received.

  3. "Cert" refers to certiorari.  You filed a petition for a writ of certiorari asking the Supreme Court to review the opinion of the lower court.  It takes quite a while for the Supreme Court to act on such a petition, and the Court will give the other side a chance to respond to the petition.  What that notation on the docket probably means is simply that the Supreme Court received the certiorari petition.  If you filed the petition a long time ago, the Court may be denying the petition, but the docket would probably say so.  Note that very, very, very few cases are accepted in the Supreme Court.

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