Legal Definitions - writ of review

A writ of review is a formal legal order issued by a higher court (often an appellate court) to a lower court or administrative body. Its purpose is to compel the lower entity to send the complete record of a specific case or proceeding to the higher court for examination. The higher court uses this process to determine if the lower court or body made any legal errors, acted outside its authority, or abused its discretion. It is similar in function to a common-law writ of certiorari, allowing a higher court to supervise and potentially correct legal mistakes made by a lower judicial or quasi-judicial entity.

Here are some examples illustrating how a writ of review might be used:

• Imagine a local city council, acting as a zoning board, denies a property owner's application to build an addition to their home, citing a specific interpretation of a zoning ordinance. The property owner believes the council misinterpreted the law or did not follow proper procedure. To challenge this decision, the property owner might petition a state superior court for a writ of review. If granted, the superior court would issue the writ, ordering the city council to provide all documents, meeting minutes, and evidence related to their decision for the court to examine whether the council acted legally and within its authority.

• Consider a situation where a state professional licensing board revokes a nurse's license after a disciplinary hearing. The nurse believes the board's decision was based on insufficient evidence or that the hearing process itself was unfair and violated their due process rights. The nurse's attorney could file a petition with the appropriate appellate court for a writ of review. If the appellate court agrees to hear the case, it would issue the writ, compelling the licensing board to send all records of the disciplinary proceedings, including hearing transcripts, evidence presented, and the board's findings, for the court's scrutiny.

• Suppose a small claims court judge rules against a tenant in a dispute with their landlord over a security deposit, and the tenant believes the judge misapplied state landlord-tenant law. While direct appeals from small claims are often limited, in some jurisdictions, a tenant might seek a writ of review from a higher trial court (like a circuit or district court) to examine the small claims court's record. This writ would require the small claims court to transmit the case file, including any evidence submitted and the judge's written decision, allowing the higher court to assess if a legal error occurred.