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All About A Petition
Dan GoodmanA
Petition
is a legal form used in the courts to request the grantingof a favor. An example of this is a petition of habeas corpus, where aprisoner requests the court to determine if he or she is unlawfullydetained or imprisoned illegally, and can therefore be released.Another example is a petition for writ of certiorari to the SupremeCourt of the United States to adjudicate your suit. Still anotherexample is requesting access to a sealed record like an original birthcertificate. And still another is changing one’s name.The party filing the petition is known as the petitioner. If applicable, the party to whom the petition is made against is referredto as the respondent.A petition can be of two types, generally, a
non-hearing petition
ora
hearing petition
. A non-hearing petition is a petition which will bedecided by the court based on only the petition, and if applicable, anymemorandum of law and/ or supporting affidavits and/ or exhibits. Ahearing petition is like the non-hearing petition, with the addition of appearance of all the parties before the judge. The appearance has tobe scheduled. The purpose of the appearance is to present oraltestimony and/ or oral arguments.At the hearing, the judge may rule on the petition, after theproceedings are completed, or he or she will render a decision afterresearching the matter further. If the latter situation arises, the courtwill mail its decision to you.Common to both is the requirement that a petition made to thecourt, is also to be sent to all parties, if applicable, to the suit. Thiscan be done in two ways. The first is
 personal service
. Personalservice can only be carried out by an adult (18 years of older) who isnot a party to the suit. The petition is personally delivered to allparties to the suit. The adult who delivers the petition usually signs a
 proof of service
for do so. The last is
service by mail 
. Service by mailcan only be carried out by an adult (18 years or older) who is not aparty to the case. The one who mails the petition, usually thepetitioner, must sign a
certificate of service by mail 
.
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