Petitioner

From Simple English Wikipedia, the free encyclopedia
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A petitioner is a very specific legal term. It is the person who presents a formal legal petition to a court or a legislature that requests a certain action be taken.[1] A petitioner is also the person who files a motion or an appeal to a higher court.[2] A party who petitions the Supreme Court to review a case is known as either the petitioner or the appellant.[3] The person or entity (such as a corporation or government) who opposes the petition is called a respondent.[1] In some cases a third party, an amicus curiae (friend of the court), may be heard.

Appeal process[change | change source]

In the case of an appeal, the petitioner is usually the party who lost in a lower court. This can be either the plaintiff or the defendant who files the petition to the higher court for judicial review.[4] If the petition is granted, the petitioner files an appellate brief giving the legal arguments for filing the appeal.[5] The respondent is given a short period of time to respond to the brief with arguments for their side of the case and to refute any arguments made by the petitioner.[5] In some jurisdictions, the petitioner is allowed to file a short reply. In all three cases, arguments must be based on the trial record which includes the Transcripts of testimony and evidence from the original trial.

Civil law[change | change source]

In civil law the person who files the case against another person is called the petitioner or plaintiff.[6] In a divorce this is the party who files or starts the action to legally end the marriage.[6]

References[change | change source]

  1. 1.0 1.1 "Petitioner". The Free Dictionary. Farlex. Retrieved 17 April 2016.
  2. "Petitioner". JustAnswer LLC. Retrieved 17 April 2016.[permanent dead link]
  3. "Petitioner". The Supreme Court Database. Retrieved 17 April 2016.
  4. "Petitioner". Legal Information Institute, Cornell University Law School. Retrieved 17 April 2016.
  5. 5.0 5.1 "What is a petitioner?". Legal Library/Rottenstein Law Group LLP. Archived from the original on 5 April 2016. Retrieved 17 April 2016.
  6. 6.0 6.1 "Legal Terms". Your Missouri Courts, Supreme Court of Missouri. Retrieved 17 April 2016.

Other websites[change | change source]