Special allocatur refers to a legal allowance for a writ, similar to a writ of error, that is required in specific circumstances. The term historically indicated that a court or judicial officer permitted a writ, order, or other legal document. In Pennsylvania, it is currently used to signify permission to appeal a court decision.
Special allocatur is primarily utilized in appellate law, particularly in Pennsylvania. It is relevant in cases where a party seeks to appeal a lower court's decision. This process allows individuals to challenge rulings that they believe are unjust or incorrect. Users may find it beneficial to use legal templates from US Legal Forms to assist in preparing the necessary documents for filing a special allocatur.
Here are a couple of examples of abatement:
For instance, if a defendant in a criminal case believes that the trial court made an error in its ruling, they may file for special allocatur to seek permission to appeal the decision. This process allows them to present their case to a higher court. (hypothetical example)
| State | Special Allocatur Process |
|---|---|
| Pennsylvania | Used to denote permission to appeal in civil and criminal cases. |
| New Jersey | Similar concept exists but is referred to differently. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Writ of Error | A legal order to review a lower court's decision. | Special allocatur is a specific type of writ of error requiring permission to appeal. |
| Appeal | A request to a higher court to review a case. | Special allocatur is the permission needed to initiate an appeal in certain cases. |
If you believe you need to file for special allocatur, start by reviewing the relevant court rules and procedures in your state. Consider using US Legal Forms to access templates that can help you prepare your documents correctly. If your situation is complex, it may be wise to consult with a legal professional for tailored advice.
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It is a legal allowance for a writ that permits a party to appeal a court decision, primarily used in Pennsylvania.