Rule 1.1412.Appeal
Division XIV: Certiorari · Last amended January 1, 2009 · Last verified July 15, 2026
Full Text of Rule 1.1412
Plain-English Summary
Rule 1.1412 closes out Division XIV by addressing what happens after the district court rules on a certiorari action. An appeal from that order or judgment follows the same rules of appellate procedure that apply to appeals in ordinary civil actions — certiorari doesn't carry its own separate appellate track.
The rule adds one distinct wrinkle: the appeal is discretionary, rather than available as a matter of right, when the order or judgment being reviewed was itself a discretionary review of another tribunal, board, officer, or magistrate. In other words, if the district court's certiorari ruling reviewed a decision that was already a discretionary review of something further down the chain, the next level of appeal inherits that same discretionary character rather than becoming an appeal as of right.
Frequently Asked Questions
How do I appeal a district court's ruling in a certiorari case?
Rule 1.1412 provides that the appeal is governed by the rules of appellate procedure applicable to appeals in ordinary civil actions.
Is an appeal from a certiorari judgment always available as a matter of right?
Not always. Rule 1.1412 makes the appeal discretionary when the order or judgment sought to be reviewed was itself a discretionary review of another tribunal, board, officer, or magistrate.
Does certiorari have its own special appellate procedure separate from other civil cases?
No. Rule 1.1412 applies the same appellate procedure used for ordinary civil actions, rather than creating a distinct certiorari appeal process.
What makes an appeal “discretionary” rather than a matter of right under this rule?
Rule 1.1412 ties that discretionary character to the nature of what's being reviewed — when the district court's certiorari ruling itself reviewed a discretionary decision by another body, the next appeal carries the same discretionary status.
Which rule governs the scope of what the district court could decide in the first place?
Rule 1.1411 sets the limits on the certiorari judgment itself, which is the order or judgment that rule 1.1412 governs the appeal from.