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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.
Table of content
Legal Use & context
Allocatur is primarily used in appellate law, specifically when a party seeks to challenge a lower court's ruling. It is relevant in various legal areas, including:
Civil litigation
Criminal appeals
Family law matters
Users may find legal forms related to appeals through resources like US Legal Forms, which provide templates crafted by experienced attorneys.
Key legal elements
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.
Common misunderstandings
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.
Find the legal form that fits your case
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