bill of review

Thân thiện

A lawyer files a bill of review with the court.

Definition

Noun: 1. A legal petition or proceeding: A formal request submitted to a court, specifically the same court that issued an original decree or judgment, asking that court to re-examine, explain, alter, or reverse its own prior decision, typically based on an error not apparent in the original record or new evidence that could not have been discovered earlier.

Usage

• Bill of review is a specialized legal term used primarily in equity and appellate procedure.
• It functions as a noun phrase, often preceded by verbs like , , , or .
• It is a formal mechanism for challenging a court's final decree after the normal time for appeal has passed, but on limited grounds.

Examples

• The attorney filed a bill of review to challenge the decade-old settlement decree, citing newly discovered documents.
• The court granted the bill of review, agreeing to re-examine its earlier judgment based on a fundamental procedural error.
• A bill of review is not a substitute for an appeal; it is an extraordinary remedy.

Advanced Usage

• Distinction from Appeal: A bill of review is distinguished from a direct appeal. An appeal is taken to a higher court soon after a judgment, while a bill of review is addressed to the court that rendered the decree, usually after significant time has elapsed, and is granted only under narrow circumstances such as fraud, accident, or newly discovered evidence.

Variants and Related Words

• Motion for Reconsideration: A more common, modern procedural request for a court to revisit its own order, often with shorter deadlines and broader scope than a traditional bill of review.
• Writ of Error Coram Nobis: A similar legal writ asking a court to correct its own fundamental error of fact.
• Collateral Attack: A broader term for any proceeding challenging a judgment in a court other than the one that issued it.

Synonyms

• Petition for Rehearing
• Application for Revision (in specific legal contexts)

Related Phrases

• To file a bill of review: The standard phrase for initiating this legal action.
• Grounds for a bill of review: Refers to the specific, limited legal justifications (like fraud or new evidence) that permit such a proceeding.

Học thuật

Noun

1. a proceeding brought to obtain an explanation or an alteration or a reversal of a decree by the court that rendered it