Allocatur

3 key takeaways

• Allocatur is the approval or certification of a court order or judgment.
• It often involves the approval of legal costs or expenses.
• Allocatur is used in the context of judicial review and cost assessment.

What is an allocatur?

Allocatur is a term used in legal contexts to denote the certification or allowance of a court’s order or judgment, particularly concerning the approval of costs or expenses incurred during legal proceedings. When a court issues an allocatur, it is essentially endorsing or granting the requested costs, affirming that they are justified and permissible.

Importance of allocatur

Allocatur is important in the legal process because it ensures that the costs and expenses claimed by a party in a legal proceeding are scrutinized and approved by the court. This helps maintain fairness and transparency in the allocation of legal costs, ensuring that only reasonable and necessary expenses are awarded.

How allocatur works

Application: A party involved in a legal proceeding submits a request for the approval of certain costs or expenses. This request is often reviewed by a court officer or a judge.

Assessment: The court examines the requested costs to determine their reasonableness and necessity. This may involve reviewing invoices, receipts, and other documentation to verify the expenses.

Certification: If the court finds the costs to be justified, it issues an allocatur, certifying the approval of the requested costs. This allows the claiming party to recover these expenses as part of the legal proceedings.

Examples of allocatur

• Legal fees: A lawyer submits a detailed bill of legal fees and expenses to the court for approval. The court reviews the bill and, if the fees are deemed reasonable, issues an allocatur to certify the costs.
• Expert witness costs: In a complex case requiring expert testimony, the party hiring the expert may request an allocatur to recover the costs associated with the expert’s fees and expenses.
• Court expenses: A party may seek approval for various court-related expenses, such as filing fees, transcription costs, and other miscellaneous charges. The court’s allocatur ensures these costs are recognized and can be recovered.

Real-world application

Consider a scenario where a plaintiff wins a lawsuit and is entitled to recover their legal costs from the defendant. The plaintiff’s attorney submits an itemized bill of costs to the court. The court reviews the bill to ensure that the costs are reasonable and necessary. Upon approval, the court issues an allocatur, certifying the costs and allowing the plaintiff to recover the approved amount from the defendant.

Understanding allocatur is essential for legal professionals and parties involved in litigation, as it plays a crucial role in the recovery of legal costs. It ensures that all claimed expenses are justified and properly documented, maintaining integrity and fairness in the legal process.

Related topics you might want to learn about include cost assessment, legal fees, and court procedures. These areas provide further insights into how costs are managed and approved in legal proceedings.