{"id":6145,"date":"2017-11-02T02:19:43","date_gmt":"2017-11-02T02:19:43","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6145"},"modified":"2018-02-18T00:53:56","modified_gmt":"2018-02-18T00:53:56","slug":"uncategorized-writs","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6145","title":{"rendered":"Uncategorized Writs"},"content":{"rendered":"

Writ of habere facias possessionem<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See HABERE PACIAS POSSESSIONEM.\u201d<\/span><\/p>\n

Writ of habere facias seisinam<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See HABERE PACIAS SEISINAM.\u201d<\/span><\/p>\n

Writ of latitat<\/span>:<\/strong><\/span><\/p>\n

\u201cSee LATITAT.\u201d<\/span><\/p>\n

Writ of levari facias<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See LEVARI FACIAS.\u201d<\/span><\/p>\n

Writ of Mainprise<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See MAINPRISE (3).\u201d<\/span><\/p>\n

Writ of Mandamus<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See MANDAMUS.\u201d<\/span><\/p>\n

Writ of Mandate<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See MANDATE (2).\u201d<\/span><\/p>\n

Writ of Mesne<\/span>:<\/strong> (pronounced \u201cmeen\u201d)<\/span><\/p>\n

\u201cSee DE MEDIO.\u201d<\/span><\/p>\n

Writ of Mesne Process<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>See mesne process under PROCESS.\u201d<\/span><\/p>\n

Writ of Monstraverunt: \u201c<\/strong>See MONSTRAVERUNT.\u201d<\/span><\/p>\n

Writ of Perambulation: \u201c<\/strong>(18c) Hist. A common-law writ issued by agreement of both\u00a0<\/span>parties when they are in doubt about the bounds of their respective properties, directing<\/span>
\nthe sheriff to walk the jury around the property to set the boundaries with certainty. See<\/span>
\nPERAMBULATION.\u201d<\/span>
\nWrit of Possession: \u201c(17c.) A writ issued to recover the possession of land.\u201d<\/span>
\nWrit of Praecipe: \u201cSee PRAECIPE (1).\u201d<\/span>
\nWrit of Prevention: \u201c(17c.) A writ to prevent the filing of a lawsuit. See QUIA<\/span>
\nTIMET.\u201d<\/span><\/p>\n

Writ of Privilege: \u201c<\/span><\/strong>(16c.) Hist<\/em>. An action to enforce or maintain a privilege, usu. one\u00a0<\/strong><\/span><\/span>granted by statute or by a court. Traditionally, the writ was used to protect legislators\u00a0<\/strong><\/span>from arrest in civil suits during a legislative session. Parties and witnesses who did not<\/strong><\/span>
\n reside within a court\u2019s jurisdiction were also privileged against service of process in civil\u00a0<\/strong><\/span>suits while attending the court & while traveling to or from it.\u201d<\/strong><\/span><\/p>\n

\u201cThe privilege of a suitor or witness to be exempt from<\/span>
\nservice of process while without the jurisdiction of his residence<\/span>
\nfor the purpose of attending court in an action to which he is a<\/span>
\nparty, or in which he is to be sworn as a witness, is a very<\/span>
\nancient one. It has always been held to extend to every<\/span>
\nproceeding of a judicial nature taken in or emanating from a<\/span>
\nduly-constituted tribunal which directly relates to the trial of<\/span>
\nthe issues involved. It is not simply a personal privilege, but it<\/span>
\nis also the privilege of the court, & is deemed necessary for the<\/span>
\nmaintenance of its authority & dignity and in order to promote<\/span>
\nthe due and efficient administration of justice. At common law<\/span>
\na writ of privilege or protection would be granted to the party<\/span>
\nor witness by the court in which the action was pending, which<\/span>
\nwould be respected by all other courts… [T]he writ may still be<\/span>
\ngranted by courts possessing a common law jurisdiction; but<\/span>
\nwhile the granting of the writ is proper, it is not necessary for<\/span>
\nthe enjoyment of the privilege, & the only office which it can is<\/span>
\nto afford convenient and authentic notice to those about to do<\/span>
\nwhat would be a violation of the privilege, and to set ‘it forth<\/span>
\nand command due respect to it. The tendency has been not to<\/span>
\nrestrict, but to enlarge, the right of privilege so as to afford full<\/span>
\nprotection to parties and witnesses from all forms of civil<\/span>
\nprocess during their attendance at court , and for a reasonable<\/span><\/p>\n

time in going and returning.\u201d<\/span><\/p>\n

\u2013 Parker v. Marco 32 N.E. 989, 989 (N.Y. 1893)<\/span>
\nWrit of Probable Cause: \u201cSee CERTIFICATE OF APPEALABILITY.\u201d<\/span><\/p>\n

Writ of Procedendo: \u201cSee PROCEDENDO.\u201d<\/span><\/p>\n

Writ of Proclamation: \u201c(16c) Hist. A writ, issued at the time an exigent was issued,<\/span>
\nordering the sheriff of the county of a defendant\u2019s residence to make three proclamations<\/span>
\nof outlawry in a public & notorious place a month before the outlawry is declared. See<\/span>
\nOUTLAW.\u201d [1]
\n<\/span><\/p>\n

arrestandis bonis ne dissipentur<\/em> – A writ which, pending litigation, prevented an irresponsible party to the action from making away with chattels involved in the action.<\/strong><\/p>\n

arrestando ipsum qui pecuniam recepit<\/em> – For arresting one who received money,-a writ for the arrest of a man who had received money for enlistment in the army and had then disappeared.<\/strong> [2]<\/p>\n

Writ of Prohibition: \u201cSee PROHIBITION (2).\u201d<\/span><\/p>\n

Writ of Protection: \u201c(17c.) l. A writ to protect a witness in a judicial proceeding who<\/span>
\nis threatened with arrest. 2. A writ exempting anyone in the Crown\u2019s service from arrest<\/span>
\nin a civil proceeding for a year and a day.\u201d<\/span>
\nWrit of quare impedit: \u201cSee QUARE IMPEDIT.\u201d<\/span><\/p>\n

Writ of Quominus:<\/strong> \u201cSee QUOMINUS.\u201d<\/span><\/p>\n

Writ of qua warranto: \u201c<\/strong>See QUO WARRANTO (1).\u201d<\/span><\/p>\n

Writ of Rebellion: \u201c<\/strong>See COMMISSION OF REBELLION.\u201d<\/span><\/p>\n

Writ of Recaption: \u201c<\/strong>(17c) Hist. A writ allowing a plaintiff to recover goods and<\/span>
\ndamages from a defendant who makes a second distress while a replevin action for a<\/span>
\nprevious distress is pending. See RECAPTION.\u201d<\/span><\/p>\n

Writ of Replevin: \u201d<\/strong>See REPLEVIN (2).\u201d<\/span><\/p>\n

Writ of Restitution: \u201c<\/strong>( 17c.) 1. The process of enforcing a civil judgment in a<\/span>
\nforcible-entry-and-detainer action or enforcing restitution on a verdict in a criminal<\/span>
\nprosecution for forcible entry and detainer.<\/span><\/p>\n

\u201cIn some states, following the British statutes, the<\/span>
\nprosecutor may have a writ of restitution for the premises<\/span>
\nimmediately on the rendition of a verdict of guilty on an<\/span>
\nindictment for forcible entry and detainer; and the operation of<\/span><\/p>\n

such writ of restitution is not suspended by an appeal by the<\/span>
\ndefendant.\u201d<\/span>
\n\u2013 35 Am. Jur. 2d Forcible Entry and Detainer \u00a7 61, at 931<\/span>
\n(1967).<\/span><\/p>\n

\u201c2. A common-law writ issued when a judgment is reversed, whereby all that was lost<\/span>
\nas a result of the judgment is restored to the prevailing party.\u201d<\/span>
\nWrit of Review: \u201c(18c.) A general form of process issuing from an appellate court to<\/span>
\nbring up for review the record of the proceedings in the court below; the common-law<\/span>
\nwrit of certiorari.<\/span>
\nWrit of Right: \u201cSee WRIT OF COURSE.\u201d<\/span>
\nWrit of Right of Dower: \u201cA writ for the assignment of a residue of dower, especially<\/span>
\none in an estate providing a widow with a remainder in the dower to which she is<\/span>
\nentitled after part of it has been assigned by the tenant. Cf. WRIT OF DOWER.<\/span><\/p>\n

Writ of Sequestration: \u201c(18c.) A writ ordering that a court be given custody of<\/span>
\nsomething or that something not be taken from the jurisdiction, such as the collateral for<\/span>
\na promissory note. Such a writ is usually issued during litigation, often so that the object<\/span>
\nsequestered will be available for attachment or execution after judgment.\u201d<\/span>
\nSequester: \u201cn. (14c.) 1. An across-the-board cut in government spending. 2. A<\/span>
\nperson with whom litigants deposit property being contested until the case has<\/span>
\nconcluded; SEQUESTRATOR (2).\u201d<\/span>
\nSequester: \u201cvb. (15c.) 1. To separate or isolate from other people or things; to<\/span>
\nremove or seclude. 2. To segregate or isolate (a jury or witness) during trial.<\/span>
\n3. To separate (property) from an owner or claimant for a time; especially, to<\/span>
\ntake into judicial custody until a controversy has been decided or a claim<\/span>
\nsatisfied. 4. Civil law. To deposit (a thing) into the hands of a neutral third<\/span>
\nparty pending the determination of its ownership. 5. To take possession of for a<\/span>
\ntime, as by court order, until creditors\u2019 claims have been duly settled. \u2013 Also<\/span>
\ntermed (esp. in sense 4) sequestrate. 6. To seize (property) by a writ of<\/span>
\nsequestration; specifically, to seize (a defendant\u2019s property) by judicial order<\/span>
\nuntil the claims in a lawsuit have been resolved. 7. (Of a government) to<\/span>
\nconfiscate or appropriate property for the state\u2019s use, especially enemy assets<\/span>
\nduring time of war. 8. To disclaim or renounce-(property), as a surviving spouse<\/span><\/p>\n

might do in the settlement of the deceased spouse\u2019s estate. 9. Hist. To remove<\/span><\/p>\n

from office or membership, as by excommunication. 10. To engage in across-<\/span>
\nthe-board government cuts in spending. See EXCOMMUNICATION. \u2013 Also<\/span><\/p>\n

(erroneously) termed sequestrate.\u201d48<\/span>
\nWrit of Summons: \u201c(17c.) English law. A writ by which under the Judicature Acts of<\/span>
\n18731875, all actions were commenced. See SUMMONS.\u201d<\/span>
\nWrit of Supersedeas: \u201cSee SUPERSEDEAS.\u201d<\/span>
\nWrit of Supervisory Control: (1901) A writ issued to correct an erroneous ruling<\/span>
\nmade by a lower court either when there is no right to appeal or when an appeal cannot<\/span>
\nprovide adequate relief and the ruling will result in gross injustice.\u201d<\/span>
\nWrit of Testatum fieri facias: \u201cSee TESTATUM (1).\u201d<\/span>
\nWrit of Threats: \u201cSee SECURITATE PACIS.\u201d<\/span>
\nWrit of Tolt: \u201cSee TOLT.\u201d<\/span>
\nWrit of Trespass: \u201cSee TRESPASS.\u201d<\/span>
\nWrit of Trespass on the Case: \u201cSee trespass an the case under TRESPASS.\u201d<\/span>
\nWrit of Trial: \u201c(1833) Hist. English law. By the Civil Procedure Act of 1835, a writ<\/span>
\nordering an action brought in a superior court to be tried in an inferior court or before<\/span>
\nthe undersheriff. It was superseded by the County Courts Act of 1867, ch. 142, \u00a7 6<\/span>
\nauthorizing a defendant, in certain cases, to obtain an order that an action is to be tried in<\/span>
\na county court. St. 3 8r 4 Will. 4, ch. 42.\u201d<\/span>
\nWrit of venir facias: \u201cSee VENIRE FACIAS.\u201d<\/span>
\nWrit of Waste: \u201c(16c.) Hist. A writ to recover damages against a tenant who<\/span>
\ncommitted waste. See WASTE (1).\u201d<\/span><\/p>\n

\u201cAfter waste had been actually committed, the ancient<\/span>
\ncorrective remedy, in a court of common law, was by a writ of<\/span>
\nwaste for the recovery of the place wasted, and treble damages as<\/span>
\na compensation for the injury done to the inheritance.\u201d<\/span><\/p>\n

\u2013 78 Am. Jur. 2d Waste 5 29, at 417 (1975).<\/span>
\nWrit of Withernam: \u201cSee capias in withernam under CAPIAS.\u201d<\/span>
\nWrit pro retorno habendo: 71. [Law Latin \u201cfor return to be had\u201d] (1802) Hist. A writ<\/span>
\nordering the return of goods to a defendant who. upon the plaintiff\u2019s default, obtained a<\/span>
\nfavorable judgment in a replevin action. See DELIVERANCE (4).\u201d<\/span>
\nDeliverance: \u201c(14c.) 1. A jury\u2019s verdict. 2. A judicial opinion or judgment.<\/span>
\n3. A court\u2019s order directing that a person in custody be released; especially, such<\/span>
\nan order y an ecclesiastical court. Also termed writ of deliverance. 4. Archaic.<\/span>
\nIn a replevin (page 52) action, a writ ordering the redelivery of goods to the<\/span>
\nowner.<\/span>
\nSecond Deliverance: (16c) Hist. A second replevin (page 52) remedy<\/span>
\nafter the plaintiff has been nonsuited & the distrained property has been\u2018<\/span>
\nreturned to the defendant. \u2013 Also termed Writ of second deliverance.\u201d<\/span>
\n\u201cAnd at the common law, the plaintiff might have brought<\/span>
\nanother replevin, and so in infinitum, to the intolerable vexation<\/span>
\nof the defendant. Wherefore the statute of Westm. 2, c. 2 restrains<\/span>
\nthe plaintiff, when nonsuited, from suing any fresh replevin, but<\/span>
\nallows him a judicial writ issuing out of the original record, &<\/span>
\ncalled a writ of second deliverance, in order to have the same<\/span>
\ndistress again delivered to him, on giving the like security as<\/span>
\nbefore. And, if the plaintiff be a second time nonsuit, or if the<\/span>
\ndefendant has judgment upon verdict… he shall have a writ or<\/span>
\nreturn irreplevisable; after which no writ of second deliverance<\/span>
\nshall be allowed.\u201d<\/span>
\n\u2013 3 William Blackstone, Commentaries on the Laws of England<\/span>
\n150 (1767).49<\/span>
\n(Deliverance continued): 5. Such a release (as in sense 3) or redelivery (as in<\/span>
\nsense 4). 6. The quality, state, or condition of being saved from harm or<\/span>
\ndanger.\u201d50<\/span><\/p>\n

Writ of attachment: permits the arrest of a person or the seizure of private property.<\/span>
\n\u2022 Writ of audita querela: inhibits the unconscionable use of a lawful judgment because<\/span>
\nof matters arising subsequent to the judgment.<\/span>
\n\u2022 Writ of capias: directs an officer to take into custody the person named in the writ or<\/span>
\norder51<\/span><\/p>\n

\u2022 Writ of elegit: orders the seizure of a portion of a debtor’s lands and all his goods<\/span>
\n(except work animals) towards satisfying a creditor, until the debt is paid off.<\/span>
\n\u2022 Writ of error: is issued by an appellate court, and directs a lower court of record to<\/span>
\nsubmit its record of the case laid for appeal.52<\/span>
\n\u2022 Writ of exigent (or exigend): commands a sheriff to summon a defendant indicted for a<\/span>
\nfelony, who had failed to appear in court, to deliver himself up upon pain of outlawry or<\/span>
\nforfeiture of his goods.<\/span>
\n\u2022 Writ of fieri facias (colloquially “fi fa”): commands a sheriff to take and auction off<\/span>
\nenough property from a losing party to pay the debt (plus interest and costs) owed by a<\/span>
\njudgment debtor.53<\/span>
\n\u2022 Writ of mittimus: orders either (1) a court to send its record to another or (2) a jailor to<\/span>
\nreceive the accused in his or her custody at any point during the investigative or trial<\/span>
\nprocess.<\/span>
\n\u2022 Writ of ne exeat: restrains a defendant from fleeing the country or jurisdiction.<\/span>
\n\u2022 Writ of praemunire: instructs a sheriff to order someone to appear in court to answer<\/span>
\nfor any of a number of different crimes.<\/span>
\n\u2022 Writ of scire facias: revives a dormant judgment.<\/span>
\n\u2022 Writ of supersedeas: contains a command to stay the proceedings at law.54<\/span><\/p>\n

 <\/p>\n

51 “Glossary of Terms”, Shelby County Criminal Court Clerk, s.v. “capias”, retrieved 2009:<\/span>
\nhttp:\/\/www.co.shelby.tn.us\/court_clerks\/criminal_court\/glossary.html<\/span>
\n52 “Writ and Petition History System in Texas” page 90 In Quarles, Brandon D. and Cordon, Matthew C.<\/span>
\n(2003) Legal Research for the Texas Practitioner W.S. Hein, Buffalo, New York, ISBN 978-0-8377-3626-<\/span>
\n6<\/span>
\n53 “Legal Terms”, Armstrong Lawyers, retrieved on 11 June 2009:<\/span>
\nhttp:\/\/www.armstronglawyers.com.au\/index.php<\/span>
\n54 “Glossary of Terms”, Colorado State Courts, retrieved on 19 June 2009:<\/span><\/p>\n

Writ of venire facias: summons jurors to appear in court 55<\/span><\/p>\n

(writ of) ne amittas<\/p>\n","protected":false},"excerpt":{"rendered":"

Writ of habere facias possessionem: \u201cSee HABERE PACIAS POSSESSIONEM.\u201d Writ of habere facias seisinam: \u201cSee HABERE PACIAS SEISINAM.\u201d Writ of latitat: \u201cSee LATITAT.\u201d Writ of levari facias: \u201cSee LEVARI FACIAS.\u201d Writ of Mainprise: \u201cSee MAINPRISE (3).\u201d Writ of Mandamus: \u201cSee MANDAMUS.\u201d Writ of Mandate: \u201cSee MANDATE (2).\u201d Writ of Mesne: (pronounced \u201cmeen\u201d) \u201cSee DE MEDIO.\u201d … Continue reading Uncategorized Writs<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":6074,"menu_order":10,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-6145","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6145","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6145"}],"version-history":[{"count":5,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6145\/revisions"}],"predecessor-version":[{"id":14234,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6145\/revisions\/14234"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/6074"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6145"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}