Written by attorneys · grounded in primary & secondary sources — see below
A communication by which a party asks or demands that a court or another party take a specified action or provide specified information or property.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Waiver of Service Request
Rachel Ramirez filed a complaint against Redline Automotive in federal court. Her attorney sent a written notice and request to the company asking it to waive formal service of the summons. Redline Automotive complied with the request and avoided the added expense of service by a marshal.
Judicial Notice Request
Rhea Reynolds offered a map of the accident scene during trial. Her counsel requested that the court take judicial notice of the official city map on file with the clerk. The court granted the request after receiving the necessary information and instructed the jury accordingly.
Trust Accounting Request
Rebecca Ross received settlement funds on behalf of her client Rina Rahman. Rina requested a full accounting of the funds held in the client trust account. Rebecca promptly delivered the accounting and the net proceeds to which Rina was entitled.
Acceptance by Performance
Ravi Reddy offered to pay Renata Russo $5,000 if she painted his garage within thirty days. Renata began the work and completed half the job. Her partial performance operated as acceptance of the offer under the requested terms.
Landlord Repair Request
Rachel Ramirez leased an apartment from Riverfront Developments. After moving in she discovered a leaking roof that made the unit unsuitable. Rachel requested that the landlord repair the roof within a reasonable time, preserving her right to later remedies if the condition persisted.
Desist Request Before Force
Rhea Reynolds found a trespasser on her rural property damaging fencing. She first requested that the trespasser stop and leave the land. When the request was disregarded she reasonably used limited force to protect the property.
Common questions
Frequently Asked
6
When must a defendant respond to a request to waive service of process?+
A defendant subject to service has a duty to avoid unnecessary expenses by complying with a proper request to waive service. Compliance avoids the costs of formal service by a marshal or other authorized person.
What must a party supply when requesting judicial notice?+
The requesting party must supply the court with the necessary information establishing that the fact is not subject to reasonable dispute. The court must then take notice if the request is timely and proper.
What duty does a lawyer owe after receiving a client request for an accounting?
+
The lawyer must promptly render a full accounting of funds or property in which the client has an interest. The lawyer must also deliver any funds the client is entitled to receive.
How does a request affect acceptance by performance in contract formation?+
Acceptance by performance occurs when the offeree performs or tenders at least part of what the offer requests. That performance can also operate as a return promise creating a bilateral contract.
What must a tenant do before seeking remedies for an unsuitable leased property?+
The tenant must request that the landlord correct the unsuitable condition within a reasonable time after entry. Failure to correct after the request preserves the tenant's pre-entry remedies.
When may an actor use force to protect property without first making a request to desist?+
An actor may forgo the request if the other party has already disregarded a prior request or if the actor reasonably believes a request would be useless or that substantial harm will occur before it can be made.
to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term. The Attorney General of the United States is again invited to participate.…
that court to lift its protective order regarding the naming of certain individuals as coconspirators and to any additional extent deemed appropriate by the Court. This motion of the…
TortsOther torts · Claims based on nuisance, and defensesUBEFoundational