Blank Petition Formats

Guidelines on how to fill out any petitions can be found in the judicial bylaws below

Petition Descriptions

  • Serves as the formal instrument by which the Judicial Court accepts a petition or appeal for review. It may be granted upon the concurrence of three Justices, who must determine that the petition presents a legitimate question of interpretation, jurisdiction, or procedural irregularity warranting review by the full Court. The petitioner requesting a Writ of Certiorari must clearly state: The nature of the case and the specific decision or action being appealed, the governing documents or provisions alleged to have been violated or misapplied, the evidence or reasoning supporting the petitioner’s claim, and the specific remedy, correction, or action the petitioner is asking the Court to take in response to the alleged violation.

  • A temporary order issued by the Court preventing an action or enforcing a specific condition until a final judgment can be rendered. A Writ of Injunction may be issued to: Prevent actions that would cause immediate and irreparable harm to a student, organization, or the integrity of an election, maintain the status quo during an active investigation or pending appeal, or protect the authority of the Court while a case is under review. The Court shall only issue a Writ of Injunction if the petitioner demonstrates: Likelihood of success on the merits of the case, potential for irreparable harm without the injunction, and that the injunction will not cause undue harm to other parties or the functioning of the Student Senate. A Writ of Injunction shall end automatically after fourteen calendar days unless renewed by majority vote of the Justices. Renewals may be granted only upon written justification of continued necessity.

  • A command issued by the Judicial Court compelling a Student Body Officer, committee, or body to perform a duty explicitly required by the Student Body Constitution, Senate Bylaws, Judicial Bylaws, or any other Student Senate governing documents. It may be requested by any SMU student or chartered student organization that can demonstrate that the duty in question is clearly defined by the governing documents, an officer or body has failed or refused to perform said duty, or no other adequate remedy exists within Student Senate processes. The Court shall only issue a Writ of Mandamus when it determines that the failure to act constitutes a direct violation of governing authority.

  • An order issued by the Judicial Court restraining a Student Body Officer, body, or committee from exceeding or acting outside its lawful authority. The Writ may be sought by any student, Senator, or officer who demonstrates that an official action, if allowed to proceed, would violate the governing documents. The Court shall issue a Writ of Prohibition only when it determines that the challenged action exceeds the legal authority granted under the Student Senate governing documents. The Writ shall identify the specific action being prohibited, the authority exceeded, and the corrective measures required.

  • Formal requests submitted by the Student Senate, Executive Branch, or any classification of chartered student organizations seeking guidance on the constitutionality of proposed legislation, policies, or procedures. Requests for Advisory Opinions must be submitted in writing to the Chief Justice and shall clearly state the provision, policy, or question requiring interpretation. Advisory Opinions are non-binding and serve to provide guidance and interpretation for future legislative or executive action.

  • Motion(s) to Dismiss

    1. Either party may file a Motion to Dismiss a specific exhibit submitted during the discovery period

    2. Either party may make a Motion to Dismiss the testimony of a witness

    3. The Respondent may make a Motion to Dismiss the case altogether

    4. A Motion to Dismiss may pertain to more than one witness or exhibit in a singular motion if the nature of the exhibits or witnesses is substantially similar and the legal reasoning to dismiss the set of exhibits or witnesses is substantially similar.

    Motion(s) to Admit Late Evidence

    1. A party may make an emergency Motion to Admit a specific exhibit as evidence. The motioning party must demonstrate that the evidence included in the emergency motion could not have been collected during the discovery period.

    2. A party may make an emergency Motion to Admit witness testimony and include that witness in the party’s Witness List. The motioning party must demonstrate that the evidence included in the emergency motion could not have been collected during the discovery period.

    3. A Motion to Admit may pertain to more than one witness or exhibit in a singular motion if the nature of the exhibits or witnesses is substantially similar and the legal reasoning to admit the set of exhibits or witnesses is substantially similar.

    Motion to Consolidate

    1. Either party may file a Motion to Consolidate when two or more cases pertain to similar parties, facts, interpretive questions, and/or governing document statutes

    2. The submitting party must clearly identify the cases to be consolidated and the justification for why consolidation would be appropriate.

    Motion to Sequester Witnesses

    1. Either party may file a Motion to Sequester Witnesses to prevent witnesses from being present in the hearing room until it is their turn to testify

    2. A Motion to Sequester Witnesses aims to isolate witnesses so that their testimony is original and unbiased.