Impetration: A Comprehensive Guide to Its Legal Meaning and Use

Definition & Meaning

Impetration is the act of formally requesting a writ or legal order from a court. Historically, this term was primarily used in ecclesiastical courts, where individuals sought specific legal remedies. Additionally, impetration can refer to obtaining a papal benefice, which is a church office or position that can be appointed by a king or other lay patron. In legal contexts, if a new writ is requested after the statutory period has elapsed from the impetration of a previous writ, the earlier request may be rendered ineffective, and any related legal actions could be barred.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A person petitions a court for a writ of mandamus to compel a government agency to act on a permit application. If they fail to act within the statutory period, any subsequent petition may be barred.

Example 2: A bishop requests a benefice on behalf of a candidate, which is an act of impetration. If the request is not processed within a specified timeframe, the bishop may need to start the process anew. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Impetration Context
California Primarily used in civil court petitions.
New York Common in ecclesiastical matters and civil petitions.
Texas Less frequently used; focuses on statutory deadlines.

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

Comparison with related terms

Term Definition Key Differences
Petition A formal request to a court. Impetration specifically refers to requesting a writ.
Writ A formal legal order. Impetration is the act of requesting a writ.
Benefice A church office or position. Impetration can involve obtaining a benefice.

What to do if this term applies to you

If you find yourself needing to file a writ or deal with an ecclesiastical matter involving impetration, consider the following steps:

  • Determine the specific writ you need and ensure you understand the statutory deadlines.
  • Use US Legal Forms to access templates that can help you prepare your petition or writ.
  • If your situation is complex, consult a legal professional for personalized advice.

Quick facts

Attribute Details
Typical Fees Varies by court; check local rules.
Jurisdiction Varies; often civil or ecclesiastical courts.
Possible Penalties Legal actions may be barred if deadlines are missed.

Key takeaways

Frequently asked questions

Impetration is the act of requesting a writ or legal order from a court.