Legal Definitions - allogatur

The term allogatur refers to the same legal concept as allocatur.

Allocatur is a Latin term meaning "it is allowed" or "it is granted." In legal contexts, it most commonly refers to the formal allowance or approval of costs in a lawsuit by a court official, such as a taxing master or clerk. This approval confirms the specific amount of legal expenses that one party is entitled to recover from another. More broadly, allocatur can signify a judicial endorsement or permission for a specific action, such as the granting of leave to appeal a court decision or the approval of a particular petition.

• Example 1: Approval of Legal Costs

  After a civil lawsuit concluded with a judgment in favor of the plaintiff, the court ordered the defendant to pay the plaintiff's legal costs. The plaintiff submitted a detailed bill of costs to the court. A designated court officer reviewed these expenses, ensuring they were reasonable and necessary. Once satisfied, the officer issued an allocatur, formally approving the precise amount of legal fees and disbursements the defendant was required to reimburse.

  This example illustrates the most common application of allocatur, where a court official formally approves the recoverable legal expenses in a case.

• Example 2: Granting Leave to Appeal

  A defendant in a complex commercial dispute sought to appeal a lower court's decision to a higher appellate court. However, the rules of procedure required them to first obtain permission, or "leave," from the appellate court itself. After reviewing the defendant's application, which argued that the case raised significant legal questions, the appellate court issued an allocatur, thereby granting the defendant permission to proceed with their appeal.

  Here, allocatur signifies the court's formal permission or grant of leave for a party to take a specific legal action, in this instance, to appeal a judgment.

• Example 3: Judicial Approval of a Petition

  In a bankruptcy proceeding, the appointed trustee needed to sell a valuable piece of real estate belonging to the bankrupt estate to pay off creditors. To ensure transparency and fairness, the trustee filed a petition with the bankruptcy court, detailing the proposed sale terms and justification. After careful review and a hearing, the judge issued an allocatur, formally approving the trustee's petition to sell the asset as described.

  This example demonstrates allocatur as a judge's formal approval or allowance of a specific petition or request within a legal proceeding, ensuring that the proposed action is legally sound and appropriate.