{"id":4010,"date":"2017-08-07T20:42:00","date_gmt":"2017-08-07T20:42:00","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4010"},"modified":"2017-11-18T05:30:53","modified_gmt":"2017-11-18T05:30:53","slug":"all-types-of-writs","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4010","title":{"rendered":"Writs – written court orders commanding the addressee to do or refrain from doing a specified act:"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0Many writs<\/strong> (but not all) have been made obsolete by the\u00a0simpler\u00a0Federal Rules of Civil Procedure<\/a>.\u00a0 \u00a0<\/strong><\/span><\/p>\n

Writ<\/span>:
\n<\/strong><\/span>(bef. 12c.)<\/span><\/p>\n

1. A court\u2019s written order, in the name of a state or other competent legal authority, commanding the addressee to do or refrain from doing some specified act.\u201d\u00a0<\/strong>[1]<\/span><\/p>\n

United States Law:<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 Early law of the United States inherited the traditional English writ system, in the sense of a rigid set of forms of relief<\/a> that the law courts were authorized to grant. \u00a0The All Writs Act passed in 1789\u00a0authorizes United States federal courts<\/a> to “issue all writs necessary or appropriate in aid of their respective jurisdictions & agreeable to the usages & principles of law<\/span>“. \u00a0However, the Federal\u00a0<\/a>Rules of Civil Procedure<\/a>, adopted in 1938 to govern civil procedure in the U.S. district courts<\/a>, provide that there is only one form of action in civil cases, & explicitly abolished certain writs by name.<\/strong><\/span><\/p>\n

All Writs Act:<\/strong><\/span><\/p>\n

U.S. Code Title 28\u00a0<\/span><\/strong>\u2014 JUDICIARY AND JUDICIAL PROCEDURE<\/span>
\n<\/span>PART V\u00a0<\/span><\/strong>\u2014 PROCEDURE<\/span>
\n<\/span>CHAPTER 111\u00a0<\/span><\/strong>\u2014 GENERAL PROVISIONS
\n\u00a71651. Writs<\/span><\/strong><\/span><\/span><\/p>\n

(a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.<\/span><\/strong><\/span><\/p>\n

(b) An alternative writ or rule nisi<\/span>\u00a0(“to show cause”) <\/span><\/em>may be issued by a justice or judge of a court which has jurisdiction.\u00a0<\/span><\/strong>[2]<\/span><\/span><\/p>\n

\u00a0 \u00a0 Excerpt from\u00a0W.S. Holdsworth’s\u00a0Sources and Literature of English Law<\/a>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u201cWrits have a long history. We can trace their formal\u00a0origin to the Anglo-Saxon formulae by which the king used to\u00a0communicate his pleasure to persons & courts. \u00a0The Anglo-Norman writs, which we meet with after the Conquest<\/a>, are\u00a0substantially the Anglo-Saxon writs turned into Latin. \u00a0But what\u00a0is new is the much greater use made of them, owing to the\u00a0increase of royal power which came with the Conquest<\/a>.<\/span>\u201d[3]<\/strong><\/span><\/p>\n

Writ System<\/span>:
\n<\/strong><\/span>(1890)<\/span><\/p>\n

1.<\/strong>\u00a0The common-law<\/a> procedural system under which a plaintiff<\/a> commences an action by obtaining the appropriate type of original writ<\/a>.<\/strong><\/span><\/p>\n

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Types of Writs Categorized<\/em>:<\/strong><\/span><\/p>\n