Capias Ad Respondendum in United States

Capias Ad Respondendum Definition

A writ commanding the sheriff to take the body of the defendant, if he may be found in his bailiwick or county, and him safely keep, so that he may have him in court on the day of the return to answer to the plaintiff of a plea of debt, trespass, etc., as the case may be. 97 111. 236. This is the writ of capias which is generally intended by the use of the word capias, and was formerly a writ of great importance. For some account of its use and value, see “Arrest;” “Bail.” According to the course of the practice at common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return day. If the writ has been served, and the defendant does not give bail, but remains in custody, it is returned C. C. (cepi corpus) ; if he have given bail, it is returned C. C. B. B. (cepi corpus, bail bond) ; if the defendant’s appearance has been accepted, the return is, “C. C, and defendant’s appearance accepted.” See 1 Archb. Prac. 67.

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Legal Issue for Attorneys

A writ commanding the sheriff to take the body of the defendant, if he may be found in his bailiwick or county, and him safely keep, so that he may have him in court on the day of the return to answer to the plaintiff of a plea of debt, trespass, etc., as the case may be. 97 111. 236. This is the writ of capias which is generally intended by the use of the word capias, and was formerly a writ of great importance. For some account of its use and value, see “Arrest;” “Bail.” According to the course of the practice at common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return day. If the writ has been served, and the defendant does not give bail, but remains in custody, it is returned C. C. (cepi corpus) ; if he have given bail, it is returned C. C. B. B. (cepi corpus, bail bond) ; if the defendant’s appearance has been accepted, the return is, “C. C, and defendant’s appearance accepted.” See 1 Archb. Prac. 67.

This definition of Capias Ad Respondendum is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.