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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118157
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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where can i get a copy of what a petition for a writ of pertiorari

Customer Question

where can i get a copy of what a petition for a writ of pertiorari to appeal a Minnesota department of commerce decision should look like
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.



I am an attorney with more than 25 years experience and will provide the information for you in this regard


Here is a link for the sample Petition for Writ of Certiorari for the Supreme Court of Michigan

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.

Customer: replied 4 years ago.
I am in Minnesota (not Michigan) and I am not appealing this department of commerce decision to the state Supreme Court (at least not yet).. I'm first supposed to be appealing this to a lower court. I think maybe a district court. Do you know which court I am supposed to appeal this to?
Expert:  Sam replied 4 years ago.



Thank you.

Yes, you are in Minnesota and so you need to Petition the Supreme Court. My error on the Michigan information. I got my M's confused. I apologize.

I suggest this link is the one you want as you are requesting a review of the procedures and decision of a government agency. So you can change the wording

Customer: replied 4 years ago.

I believe that I am supposed to appeal the decision of the Minnesota Department Of Commerce to a lower court first. Do you know what court that would be? Would it be a district court? and if it is, what district court would it be?

Expert:  Sam replied 4 years ago.


Ok. I am going to opt out and allow another expert to help you

Please do not rate me on this and another expert will be with you shortly

Thanks and good luck

Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. Different contributor here, as your previous expert had to go off, I look forward to working with you to provide you the information you are seeking.

You need to file what is called a "Petition for Judicial Review of Administrative Agency Action (certiorari)" and this is not an actual form to file I am afraid, they are drafted from scratch by attorneys and we cannot provide such forms because there are no state provided templates and it would violate copyright laws to post another attorney's petition. You are going to have to go to the court's library and ask the librarian there for the form books for the petition for judicial review to get a sample template.

Before you can file this you have to have a final agency hearing and decision from the agency. See: Minn. Stat. § 45.027, subd. 5a(d). In your petition, you have to specify that you completed the administrative process and have received a final judgment from the agency.

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Expert:  Law Educator, Esq. replied 4 years ago.

Thank you for your wonderful rating.

You did not even know the correct name of the document you needed to file and were told the proper name. Contrary to popular belief, the practice of law is not done by pre-printed forms, these documents are drafted by lawyers from scratch and for us to put any other lawyer's work on this site would be a copyright violation. The only place to find these forms are the court library in the form book and all they have is a blank template and the state of MN does not put them online I am afraid.

Furthermore, you asked WHERE YOU COULD FIND THE PETITION, and your question was answered with the information you asked for and it was just what you asked for with the law thrown in for good measure.

I wish you all of the best in your petition, but you were provided the law in MN that you have to follow and the correct name of the document, as you had no idea of even what it was called. However, please do not blame us for having to comply with the copyright laws and rules of the state bars and the site as well. We have given you the information asked for up to what we could legally provide you and you really need to please understand that.

Good luck to you in your case.