How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WiseOwl58 Your Own Question
WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3628
Experience:  Experienced real estate lawyer and real estate broker.
62735101
Type Your Real Estate Law Question Here...
WiseOwl58 is online now
A new question is answered every 9 seconds

What are the important elements that should be included with

Customer Question

What are the important elements that should be included with a Petition For Writ Of Certiorari and Supersedeas that I have to file with the Circuit Court of Loudon County, TN tomorrow in order to 9hopefully) get a stay from a writ of possession for a Commercial Building I'm in?
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months ago.
Anybody have a good answer to my question?
Expert:  WiseOwl58 replied 5 months ago.

Here is a very good guide you can follow:

http://www.tsc.state.tn.us/sites/default/files/docs/prosefilingguide3-31-10.pdf

Your petition should include the following:

The brief must contain the following sections2: The information contained in the brackets is an explanation of the actual language contained in the rule setting forth the requirements for brief. (1) table of contents, with references to the pages in the brief [The table of contents should list each of the below listed categories with the corresponding page in the brief. Also, if you have several sections in the argument, then the beginning of each section should be listed in the table of contents with the corresponding page]; (2) table of authorities, including cases [alphabetically arranged], statutes and other authorities cited, with references to the pages in the brief where they are cited [The table of authorities should list all legal authorities to which you refer in your brief with the page designation next to the legal authority]; (3) jurisdictional statement in cases appealed to the Supreme Court directly from the trial court indicating briefly the jurisdictional grounds for the appeal to the Supreme Court [If you appeal directly to the Supreme Court from the trial court, you must state in single paragraph the statute or other law which gives the Supreme Court the authority to hear your appeal]; (4) statement of the issues presented for review [The statement of issues is listing of all the issues that you want to raise with the appellate court as basis for either reversing the decision of the trial court or sending the case back to the trial court for new trial]; (5) statement of the case, indicating briefly the nature of the case, the course of proceedings, and its disposition in the court below [The statement of the case is the procedural history of your lawsuit. In most cases, it should begin with the filing of the complaint in the trial court in civil cases or the issuance the arrest warrant by law enforcement officials or issuance of the indictment by the grand jury in criminal cases and end with the filing of the notice of appeal]; (6) statement of facts, setting forth the facts relevant to the issues presented for review with appropriate references to the record [The statement of the facts is simple statement of the facts in your case in story form. For every statement of fact, you must cite the page in the record from which that fact was entered into evidence in the case. You cannot state facts that are outside of the record. All facts must be found somewhere in the record.] (7) An argument, which may be preceded by summary of argument, setting forth the contentions of the appellant with respect to the issues presented, and the reasons therefor, including the reasons why the contentions require appellate relief, with citations to the authorities and appropriate references to the record [which may be quoted verbatim] relied on [The argument contains those legal reasons why you believe that the trial court or jury made an error in your case which entitles you to either reversal or to have the appellate court send the case back for new trial or other relief. You should refer to the relevant statutes and cases in support of your position along with the facts in the record which support your position.]; (8) short conclusion, stating the precise relief sought. [The conclusion sets forth the specific relief you are requesting of the appellate court such as reversal, remand for new trial, etc.]

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 5 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 4 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Related Real Estate Law Questions