Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...
s of praecipe (imperative of the
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
''
praecipio'' ("I order"), thus meaning "order
his
His or HIS may refer to:
Computing
* Hightech Information System, a Hong Kong graphics card company
* Honeywell Information Systems
* Hybrid intelligent system
* Microsoft Host Integration Server
Education
* Hangzhou International School, ...
) are a widespread feature of the
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
tradition, generally involving the instigation of some form of swift and peremptory action.
Early development
The word ''praecipe'' moved from the
Roman Empire
The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...
into the medieval Latin of the English
Chancery
Chancery may refer to:
Offices and administration
* Court of Chancery, the chief court of equity in England and Wales until 1873
** Equity (law), also called chancery, the body of jurisprudence originating in the Court of Chancery
** Courts of e ...
, and so reached
English law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, ...
. In the twelfth century, writs praecipe, addressed to sheriffs, emerged as the swiftest way to bring legal disputes to the royal courts. While the so-called possessory assizes, such as
novel disseisin
In English law, the assize of novel disseisin ("recent dispossession"; ) was an action to recover lands of which the plaintiff had been disseised, or dispossessed. It was one of the so-called "petty (possessory) assizes" established by Henry II of ...
, had marked a great advance in royal justice, they proved too rigid for the full complexities of land law, and so had to be supplemented by more specialised praecipe writs, such as praecipe for dower, or praecipe quod reddat. The latter, one of the so-called
writs of entry
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, ...
, was singled out in
Magna Carta
(Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...
Ch 34 by the barons in an attempt (largely unsuccessful) to delimit more firmly private from royal jurisdiction.
North American usage
In law in the United States a ''praecipe'' is a document that either (A) commands a
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one juris ...
to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a
writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...
and to specify its contents; though US Clerks are variously limited to handle minor precepts (typical status adjustments) in the name of the Court (i.e., a clerk cannot issue any forceful or mandamus writ). The writ was often issued to amend or change a subsequent order or to correct an error that may have been missed earlier. Its appearance in
American law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as v ...
is not surprising, as many of the English customs and traditions were passed on.
In
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, praecipe is used in place of a notice of
motion
In physics, motion is when an object changes its position with respect to a reference point in a given time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed, and frame of reference to an o ...
as an application for a desk order that is granted in the court registry without a hearing before a
judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
.
Indian usage
At the
Bombay High Court
The High Court of Bombay is the High courts of India, high court of the States and union territories of India, states of Maharashtra and Goa in India, and the union territory of Dadra and Nagar Haveli and Daman and Diu. It is seated primarily ...
a praecipe is used in all communications between advocates and the Court. It serves as a covering letter for the filing of documents with the registry and other registry work. Praecipes are also used in order to motion the judge, either in court or in chambers in order to place a matter for early listing or in order to seek urgent ad-interim reliefs. Praecipes in India are usually in the form of a letter addressed to the registrar of that particular court.
See also
*
Assize of Clarendon
The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to Jury trial, trial by jury in common law countries worldwide, and that established assize courts.
Prior systems for deciding ...
*
Close Roll
The Close Rolls () are an administrative record created in medieval England, Wales, Ireland and the Channel Islands by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown ...
References
External links
WWLIA DefinitionUS Legal Research
{{Authority control
Writs
Legal documents with Latin names