Legal Definitions - special allocatur

Special Allocatur

A special allocatur refers to a specific, non-routine permission granted by a court or judge that allows a party to take a particular legal action. This permission is typically required when there is no automatic right to proceed with that action, or when the action is considered exceptional or outside the standard course of litigation. It signifies that the court has reviewed the request and found sufficient reason to allow the unusual step.

Here are some examples:

• Appealing to a State's Highest Court: In many legal systems, a party does not have an automatic right to appeal every decision to the highest court (e.g., a state Supreme Court). These courts often have discretion to choose which cases they will hear, typically focusing on matters of significant legal importance or where lower courts have issued conflicting rulings.

  Example: After losing an appeal in an intermediate appellate court, a company believes its case involves a novel interpretation of contract law that could affect many businesses in the state. To have their case heard by the state's Supreme Court, the company must file a petition requesting a special allocatur (or a similar petition for "leave to appeal" or "certiorari"). The Supreme Court will review this petition and grant the special allocatur only if it determines the case presents a sufficiently important legal question warranting its review.

• Interlocutory Appeals: An interlocutory appeal is an appeal of a ruling made by a trial court while a case is still ongoing, rather than waiting for the final judgment. Such appeals are generally not permitted as a matter of right because they can disrupt the trial process.

  Example: During a complex patent infringement trial, the trial judge issues a ruling that excludes a critical piece of evidence that one party believes is essential to their defense. This party argues that waiting until the end of the lengthy trial to appeal this ruling would be inefficient and potentially force a costly retrial if the ruling is later overturned. To challenge this ruling immediately, the party might need to seek a special allocatur from an appellate court, asking for permission to appeal that specific decision before the entire trial concludes. The appellate court would grant this special permission only if it finds that the immediate appeal is justified by exceptional circumstances.