Request

(redirected from requesting)
Also found in: Dictionary, Thesaurus, Idioms, Encyclopedia.

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.

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.

References in periodicals archive ?
The requesting spouse applies for relief no later than two years after the date of the Service's first collection activity (as defined in Regs.
To apply for relief, a requesting spouse has to file Form 8857, Request for Innocent Spouse Relief, or submit a written statement to the IRS containing the same information required by Form 8857.When a taxpayer files such a request under Sec.
For fiscal year 2002, the administration is requesting $224 million for the heavily indebted poor countries (HIPC) trust fund to provide multilateral debt relief.
If the appropriateness of requesting a ruling is not clear from the law or published guidelines, the taxpayer or the taxpayer's representative may telephone the appropriate national office technical branch to ask whether the IRS will rule on a particular issue.
Thus, the IRS has determined that the nonrequesting spouse may file a written protest and receive an Appeals conference on the IRS's decision to grant partial or full relief to the requesting spouse.
In other words, accountability should be built into the system to ensure that specialists do not spend unnecessary time requesting information and raising issues of dubious merit (simply to justify their presence on the CEP team).
72, Letters for Underwriters and Certain Other Requesting Parties.
In general, the same procedures for requesting a TAM are followed for a TEAM, with some modifications to expedite the process.
91-23 provides that taxpayers "must generally pursue their right of administrative review with Appeals before requesting Competent Authority assistance." Certain narrow exceptions are permitted, for example, where the disagreement is limited to the amount of the adjustment or the method used by the IRS to compute the amount of the proposed adjustment.
Under the final regulations, if a requesting spouse only asks for equitable relief under Sec.
Thus, the requesting party must arrange to copy the documents at its own expense.
On the return, an understatement of tax was attributable to erroneous item(s) of the spouse (i.e., the non-requesting spouse) with whom the spouse requesting relief (i.e., the requesting spouse) filed the return;