There is no set deadline by which a petition for issuance of a writ of certiorari must be filed. Even in the absence of a specific deadline, a petition for issuance of a writ of certiorari must be filed within a reasonable time. See Davis v. Rhode Island Bd. of Regents, 399 A.2d 1247, 1249 (R.I. 1979) (petition will not be granted when there is an unreasonable and unexplained delay in seeking relief). Of course, any delay in seeking issuance of the writ will undercut an argument that the writ is “necessary to avoid great injury or unusual hardship which would result from the delay involved in pursuing such other adequate remedy.” White v. White, 36 A.2d 661, 663-64 (R.I. 1944). Although the “reasonable time” deadline for filing a petition for writ of certiorari is longer than the 20-day deadline for the filing of an appeal, a petition for writ of certiorari is not a substitute for an untimely appeal.
For more information about the timeline and process for a common-law petition for issuance of a writ of certiorari before the Rhode Island Supreme Court, please see Anatomy of Petition for Writ of Certiorari to the Rhode Island Supreme Court.
