Legal Definitions - fiat ut petitur

The Latin phrase fiat ut petitur translates to "let it be done as it is asked." In a legal context, it signifies that a formal request, petition, or motion has been approved or granted by the court or authority to whom it was presented. Essentially, it means the requestor's wishes, as outlined in their formal submission, have been accepted and will be acted upon.

• Scenario 1: Court Grants a Motion for Discovery

  In a civil lawsuit, one party files a motion asking the court to compel the opposing party to produce certain documents relevant to the case (a process known as discovery). After reviewing the arguments from both sides, the judge determines that the requested documents are indeed necessary for the case to proceed fairly. The judge then issues an order stating fiat ut petitur, meaning the opposing party must now provide those documents as requested.

  This example illustrates fiat ut petitur because the court has formally approved the specific action (compelling document production) that was requested in the motion.

• Scenario 2: Administrative Approval for a Variance

  A homeowner wishes to add a sunroom to their house, but the proposed structure would slightly exceed the local zoning setback requirements. They submit a petition to the municipal planning board requesting a variance (an exception to the zoning rules). After a public hearing and review of the plans, the board concludes that the variance will not negatively impact neighbors or the community. The board then votes to approve the petition, effectively declaring fiat ut petitur for the homeowner's request.

  Here, fiat ut petitur applies because the administrative body (the planning board) has granted the specific exception (the variance) that the homeowner formally requested in their petition.

• Scenario 3: Probate Court Approves an Executor's Request

  An executor managing a deceased person's estate discovers that the estate has insufficient liquid assets to cover all outstanding debts and taxes. The executor files a petition with the probate court, requesting permission to sell a specific piece of real estate from the estate to generate the necessary funds. After reviewing the estate's finances and confirming the necessity, the probate judge issues an order granting the executor's request to sell the property. This judicial approval is an instance of fiat ut petitur.

  This demonstrates fiat ut petitur as the court has formally authorized the executor to perform the specific action (selling estate property) that was outlined and requested in their petition.