Et allocatur is a Latin phrase that translates to "and it is allowed." In a legal context, it signifies that a court or judicial officer has granted permission for a specific action, such as filing an appeal. This term is particularly relevant in Pennsylvania, where it is commonly used to indicate that a party has received permission to appeal a court's decision.
Et allocatur is primarily used in the context of appeals within the legal system. When a party wishes to challenge a court's ruling, they may need to seek permission to appeal. This term is often encountered in civil law cases, but it can also appear in other legal areas, including family law and criminal law. Users can utilize legal templates from US Legal Forms to navigate the appeal process effectively.
Here are a couple of examples of abatement:
Example 1: A defendant in a criminal case seeks to appeal a conviction. They file a motion for allocatur to obtain permission to proceed with their appeal.
Example 2: A parent involved in a custody dispute wishes to challenge a court's decision regarding custody arrangements. They may need to request an allocatur to appeal the ruling. (hypothetical example)
| State | Use of Allocatur |
|---|---|
| Pennsylvania | Commonly used to grant permission for appeals. |
| New Jersey | Similar procedures exist, but the term may not be used. |
| New York | Uses different terminology for appeal permissions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Writ of Certiorari | A court order to review a lower court's decision. | Allocatur is permission to appeal; certiorari is the review process itself. |
| Appeal | A request to a higher court to review a decision. | Allocatur is the permission needed to initiate an appeal. |
If you need to seek permission to appeal a court decision, start by reviewing the specific requirements for filing an allocatur in your state. Consider using legal templates from US Legal Forms to help you draft your motion. If the situation is complex, it's advisable to consult a legal professional for assistance.
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