"Sed non allocatur" is a Latin phrase that translates to "but it is not allowed" or "but it is not upheld." In legal contexts, this term indicates a court's refusal to accept or support the arguments presented by a party, typically the counsel. It serves as a formal expression of disagreement with the claims made during legal proceedings.
This term is primarily used in appellate court decisions, where judges may express that certain arguments or motions are not permissible or valid. It can appear in various areas of law, including:
Understanding this term can be crucial for individuals navigating legal processes, as it may affect the outcomes of appeals or motions. Users can manage some related forms and procedures using templates from US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: In a civil case, a plaintiff's attorney files a motion for summary judgment. The court reviews the arguments and issues a ruling stating "sed non allocatur," meaning the motion is denied and the arguments are not upheld.
Example 2: In a criminal appeal, the defendant's counsel argues for a new trial based on procedural errors. The appellate court responds with "sed non allocatur," indicating that the arguments presented do not warrant a new trial. (hypothetical example)
| Term | Definition | Difference |
|---|---|---|
| Allocatur | A term indicating that a court has granted a request or motion. | Unlike "sed non allocatur," which denies a request, "allocatur" signifies approval. |
| Granted | A term used when a court agrees to a motion or request. | "Granted" is a positive outcome, while "sed non allocatur" is negative. |
If you encounter the term "sed non allocatur" in your legal proceedings, it is essential to understand its implications. Consider the following steps:
In complex situations, seeking professional legal help is advisable.
Browse our library of 85,000+ state-specific legal templates.
| Attribute | Details |
|---|---|
| Meaning | It is not allowed or upheld. |
| Usage | Primarily in appellate court decisions. |
| Legal Areas | Civil, criminal, family law. |
It means "but it is not allowed," indicating a court's refusal to accept certain arguments.