Request

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request

1) v. a way of saying that a party to a lawsuit (or usually the attorney) is asking or demanding a judge to act (such as issuing a writ) or demanding something from the other party (such as production of documents). 2) n. the act of asking or demanding.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

REQUEST, contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract.
     2. In general when a debt exists payable immediately, the law does not impose on the creditor to make a request of payment. But when by the express terms of a contract, a request is necessary, it must be made. And in some cases where there is no express agreement a request is also requisite; as where A sells a horse to B to be paid for on delivery, a demand or request to deliver must be made before B can sustain an action; 5 T. R. 409; 1 East, 209; or, it must be shown that A has incapacitated himself to deliver the horse because he has sold the horse to another person. 10 East. 359; 5 B. & A. 712. On a general promise to marry, a request must be made before action, unless the proposed defendant has married another. 2 Dow. & Ry. 55. Vide Demand.
     3. A request, like a notice, ought to be in writing and state distinctly what is required to be done without any ambiguous terms. 1 Chit. Pr. 497, 498.

REQUEST, pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform, and for which the action is brought.
     2. A request is general or special. The former is called the licet saepius requisitus, (q.v.) or "although often requested so to do;" though generally inserted in the common breach to the money counts, it is of no avail in pleading, and the omission of it will not vitiate the declaration. 2 Hen. Bl. 131; 1 Bos. & Pull. 59, 60; and see 1 John. Cas. 100. Whenever it is essential to the cause of action, that the plaintiff should have requested the defendant to perform his contract, such request must be stated in the declaration and proved. The special request must state by whom, and the time and place when it was made, in order that the court may judge of its sufficiency. 1 Str. 89, Vide Com. Dig. Pleader, C 69, 70; 1 Saund. 33; 2 Ventr. 75; 3 Bos. & Pull. 438; 3 John. R. 207; 1 John. Cas. 319; 10 Mass. R. 230; 3 Day's R. 327; and the articles Demand; Licet saepius requisitus.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
(5) Even if the Board ultimately determines that the June 6 Order is improper and that Peyrelevade should be permitted to testify by deposition, the Board can simply remand the matter for consideration of a deposition of Peyrelevade by the ALL While Peyrelevade and Enforcement Counsel disagree on the amount of delay that would be caused by rescheduling Peyrelevade's deposition, it seems unlikely at this point that any substantial delay or expense would result even if it is ultimately necessary to re-request authorization for Peyrelevade's deposition, given that the French Ministry of Justice authorized the requested depositions (including Peyrelevade's) on August 26, 2005.
The week was organized as a time when owners and attorneys would attempt to fully prepare cases for trial, so when they requested the deposit of rent, they would be ready for the judge.
Last year, the government requested the preservation of 137 accounts in the first half and 178 in the second.
She said that while they 'respect the right to privacy but there is option for redaction' or deletion of sensitive personal information from requested documents.
All information and documents maintained electronically identifying each requested document by subject matter and format (such as tape, disk, etc.) that are not in the Administrative File.
A requesting spouse's poor physical or mental health when he or she signed the return or at the time relief was requested is a factor.
For our part, to build on the momentum in Afghanistan following last October's elections, President Bush has requested nearly $1.1 billion.
The Federal Reserve Board on April 21, 2004, requested comment on proposed revisions to Part II of its Policy Statement on Payments System Risk (PSR Policy), which addresses risk management in payments and securities settlement systems.
Typically, requests to the Islands are made in the context of "letters rogatory." Letters rogatory, or diplomatic requests, constitute the method by which one country requests assistance from another where compliance by the requested country may require use of the foreign court's compulsory process.
This reduces the number of hops the user has to take to get the requested pages.