Petition

What petition means

In practice, you will see petition in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where petition comes up

For example, the term appears in these procedures:

• Petition for Writ of Habeas Corpus (28 U.S.C. §§ 2241, 2243, 2244(d), 2254, 2255): a petition asking a court to order the release of a person held in custody in violation of the Constitution or laws or treaties of the United States. A habeas petition is generally a civil case, separate from the criminal case; a federal prisoner's § 2255 motion is instead filed with the court that imposed the sentence.
• Petition for Writ of Certiorari (28 U.S.C. §§ 1254(1), 1257(a), 2101(c); Sup. Ct. R. 10, 13, 14): a petition asking the Supreme Court of the United States to review a lower court's decision. Review is discretionary: the Court decides which cases to hear. Many state high courts have similar discretionary review under their own rules.

How to research the term

Start with the primary source. For example, if petition appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read petition in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Writ: a formal written order issued by a court commanding a person or official to do, or not to do, something.
• Respondent: the party who answers a petition or appeal. In the U.S. Supreme Court, the party opposing review is the respondent.
• Certiorari: a writ by which a higher court agrees to review a lower court's decision. Review by the U.S. Supreme Court on a writ of certiorari is a matter of judicial discretion, not of right (Supreme Court Rule 10).

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.