What Is a Petition?
A petition is a formal written request asking a court to take a specific action. In many proceedings the petition is the document that opens the case — the petitioner's counterpart to a plaintiff's complaint. The party who files is the petitioner, and the party who responds is the respondent.
Where Petitions Are Used in Florida
- Probate — a petition for administration opens an estate; petitions also seek to admit a will or appoint a personal representative
- Family law — a petition for dissolution of marriage begins a divorce
- Guardianship — a petition seeks appointment of a guardian for an incapacitated person
- Appellate and extraordinary relief — petitions seek writs such as certiorari or mandamus
Petition vs. Complaint
The two are closely related. A complaint typically begins an ordinary civil lawsuit between a plaintiff and a defendant, while a petition is used to initiate many statutory and equitable proceedings — probate, family, guardianship, and appellate matters. Both state the facts and the relief requested and must be served on the responding party.
Related Terms
- Probate — A proceeding opened by petition
- Guardianship — A proceeding commonly initiated by petition
Barnes Walker
Barnes Walker's attorneys prepare and respond to petitions in probate, guardianship, and civil matters throughout Manatee and Sarasota counties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC