What is Allocatur? A Deep Dive into Its Legal Meaning

Definition & Meaning

The term allocatur is derived from Latin, meaning "it is allowed." In legal contexts, it refers to a court's permission for a party to appeal a decision. While its usage has diminished in some jurisdictions, in Pennsylvania, it remains relevant as a formal acknowledgment that an appeal is permitted. The term is sometimes referred to as allogatur.

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Real-world examples

Here are a couple of examples of abatement:

Here are a couple of examples of how allocatur might be applied:

  • Example 1: A defendant in a criminal case receives a conviction and wishes to appeal the verdict. They file a motion for allocatur to seek permission from the appellate court to proceed with the appeal.
  • Example 2: A family law case results in a custody decision. One party believes the ruling was unjust and files for allocatur to appeal the decision. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Allocatur Usage
Pennsylvania Commonly used to grant permission to appeal.
New Jersey Less frequently used; other terms may apply.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Description
Allocatur Permission granted by a court to appeal a decision.
Appeal The process of seeking a higher court's review of a lower court's decision.
Writ of Certiorari A request for a higher court to review a case, often used in the Supreme Court context.

What to do if this term applies to you

If you believe allocatur applies to your case, consider the following steps:

  • Review the decision you wish to appeal and understand the grounds for your appeal.
  • Consult with a legal professional to ensure you meet all procedural requirements.
  • Explore US Legal Forms for templates that can assist you in filing for allocatur.

For complex matters, seeking professional legal assistance is advisable.

Quick facts

  • Typical Fees: Varies by jurisdiction
  • Jurisdiction: Varies by state
  • Possible Penalties: None directly associated with allocatur; related to the underlying case

Key takeaways