Also known as:petitions · petitioned · petitioning · petitioner · petitioners · petitio · application · formal request
Written by attorneys · grounded in primary & secondary sources — see below
A formal written request presented to a court or other official body seeking action or relief.
Sources & Authorities
How it applies
Common Examples
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Citizens Seek Redress
Peter Park and Pamela Phillips drafted a formal request to their city council demanding repeal of an ordinance restricting public gatherings. They submitted the document to invoke their right to seek government action on the policy. The council scheduled a hearing after receiving the request.
Discovery Through Written Requests
Peak Performance served a petition on Pacific Bank seeking details about account transactions after initial objections. The bank resisted production of certain records. The court granted the petition and ordered responses after reviewing the request.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Premier Manufacturing offered an expert report on product defects. Phoenix Technologies filed a petition to exclude the testimony for unreliable application of testing methods. The court reviewed the petition and ruled on whether the opinion reliably connected the principles to the evidence.
Counseling on Proposed Conduct
Philip Powell asked his lawyer whether a proposed business arrangement would violate tax statutes. The lawyer filed a petition seeking a declaratory ruling on the arrangement's validity. The court evaluated the petition without addressing any fraudulent steps.
New Debtor Priority Dispute
Paula Pierce's company acquired assets subject to an existing security interest. A junior creditor filed a petition asserting priority under special rules. The senior secured party opposed the petition because its interest was perfected by other means.
Spousal Support Request
Perry Pratt stopped providing support to his spouse Phuong Pham during separation. She filed a formal request in family court seeking alimony and child support based on need and ability to pay. The court evaluated the parties' circumstances to set the amount.
Common questions
Frequently Asked
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What distinguishes a petition from other court filings?+
A petition is a formal written request that initiates a proceeding or seeks specific relief from a court or government body. It differs from an answer or motion by starting the action rather than responding to one already filed.
Does the First Amendment protect filing a petition in court?+
The First Amendment expressly protects the right of the people to petition the government for redress of grievances. This includes submitting formal requests to courts and other official bodies seeking relief from alleged wrongs.
When may a spouse petition for support without filing for divorce?+
A spouse not receiving support may petition the court for alimony and child support in connection with a legal separation or pending divorce action. Some states also permit such a request at any time without seeking other relief.
How does a petition function in discovery under the Federal Rules?+
A party may file a petition seeking a court order to compel responses when discovery requests are resisted. The court evaluates the petition and may direct production after initial disclosures conclude.
410 U.S. 113 (1973)Constitutional Law
…normal rule of federal standing is that a litigant may assert only his own constitutional rights or immunities. The rule has no application where, as here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury…