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28 U.S.C. § 1258 — Supreme Court of Puerto Rico; certiorari
Federal law — U.S. Code and appendices · legal_authorities
Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1258-supreme-court-of-puerto-rico-certiorari--3f4dbf5ecd.md
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Source location: Title 28, Chapter 81, § 1258; chapter-081-supreme-court.md
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Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. 18, 1959, Pub. L. 86–3, § 14(b), 73 Stat. 10, provided for appeal from supreme court of Puerto Rico to court of appeals for first circuit. See [section 1258 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1258&num=0&edition=prelim).
A subsequent section 1293, added Pub. L. 95–598, title II, § 236(a), Nov. 6, 1978, 92 Stat. 2667, which related to bankruptcy appeals, did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding [section 101 of Title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim), Bankruptcy.
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in sections 1292(c), 1292(d), and 1295 of this title, appeals from reviewable decisions of the district and territorial courts shall be taken to the courts of appeals as follows:
(1) From a district court of the United States to the court of appeals for the circuit embracing the district;
(2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit;
(3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit;
(4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit.
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Federal law — U.S. Code and appendices · legal_authorities
Page 354
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1258
The last sentence in said section 344(b) relating to the
right to relief under both subsections of said section
344, was omitted as unnecessary.
Changes were made in phraseology.
Editorial Notes
AMENDMENTS
1988—Pub. L. 100–352 struck out ‘‘appeal;’’ before ‘‘cer-
tiorari’’ in section catchline and amended text gen-
erally. Prior to amendment, text read as follows:
‘‘Final judgments or decrees rendered by the highest
court of a State in which a decision could be had, may
be reviewed by the Supreme Court as follows:
‘‘(1) By appeal, where is drawn in question the va-
lidity of a treaty or statute of the United States and
the decision is against its validity.
‘‘(2) By appeal, where is drawn in question the va-
lidity of a statute of any state on the ground of its
being repugnant to the Constitution, treaties or laws
of the United States, and the decision is in favor of
its validity.
‘‘(3) By writ of certiorari, where the validity of a
treaty or statute of the United States is drawn in
question or where the validity of a State statute is
drawn in question on the ground of its being repug-
nant to the Constitution, treaties or laws of the
United States, or where any title, right, privilege or
immunity is specially set up or claimed under the
Constitution, treaties or statutes of, or commission
held or authority exercised under, the United States.
‘‘For the purposes of this section, the term ‘highest
court of a State’ includes the District of Columbia
Court of Appeals.’’
1970—Pub. L. 91–358 provided that for the purposes of
this section, the term ‘‘highest court of a State’’ in-
cludes the District of Columbia Court of Appeals.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1988 A
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