Writ in the United States

A written order from a court requiring the recipient of the order to do what is commanded. Numerous kinds of writs exist, but they generally are directed either toward commencement or furtherance of a lawsuit, or they require some particular action to be performed. The first of these types of writs is akin to the original writ of practice, which was issued from chancery court. A writ of this kind could, for example, require a civil defendant to repair some injury or appear in court to answer to civil claims. A summons is the kind of writ currently used for this purpose. The second kind of writ may be called a prerogative writ. These are discretionary orders reserved for unusual or extraordinary circumstances. Writs of mandamus, habeas corpus, or certiorari are among the class of prerogative writs.

Analysis and Relevance

The issuance of a writ is one of the means by which courts exercise judicial power. There exists a wide range of writs, but they are typically issued to facilitate operation of the judicial process or to enforce a decision rendered within that process. A writ may be issued, for example, to compel a citizen to appear at a judicial proceeding. A writ of mandamus directs a public official to perform an official act; it is an affirmative command. Its preventive counterpart is an injunction. When a court entertains a petition for habeas corpus, the state is required to appear and justify the detention of an individual. If a person is judged to be in custody improperly, the court can issue a writ of habeas corpus ordering the state to release the person. A writ of certiorari is used when a court wishes to review an action of an inferior court and orders pertinent records to be delivered. Most of the cases considered by the U.S. Supreme Court are reviewed through certiorari.

Notes and References

Definition of Writ from the American Law Dictionary, 1991, California

Writ Definition

In practice. A mandatory precept, issued by the authority and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mentioned. *The common-law writs, of which there were a multitude, generally bore specific Latin names, from their purpose, or from their emphatic words. The aim in the present work has been to place these according to their customary form. The great majority of them, being customarily introduced by the prefix De, or Pro, will be found so placed. Those hot customarily so introduced will be found under the first word of their names. Writs having English names are placed under the name without the prefix Writ of (e. g., Habeas Corpus) except where such short form is never used, in which case the prefix is used, and the phrase placed under W (e. g., Writ of Right). It is issued by a court or other competent jurisdiction, and is returnable to the same. It is to be under seal and tested by the proper officer, and is directed to the sheriff or other officer lawfully authorized to execute the same. Writs are divided into original, by which actions or proceedings are begun, of mesne process, by which interlocutory proceedings are initiated, of execution, by which the judgment or decree is carried into effect. See 3 Bl. Comm. 273; 1 Tidd, Prac. 93; Gould, PI. c. 2, § 1.

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Legal Issue for Attorneys

In practice. A mandatory precept, issued by the authority and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mentioned. *The common-law writs, of which there were a multitude, generally bore specific Latin names, from their purpose, or from their emphatic words. The aim in the present work has been to place these according to their customary form. The great majority of them, being customarily introduced by the prefix De, or Pro, will be found so placed. Those hot customarily so introduced will be found under the first word of their names. Writs having English names are placed under the name without the prefix Writ of (e. g., Habeas Corpus) except where such short form is never used,
in which case the prefix is used, and the phrase placed under W (e. g., Writ of Right). It is issued by a court or other competent jurisdiction, and is returnable to the same. It is to be under seal and tested by the proper officer, and is directed to the sheriff or other officer lawfully authorized to execute the same. Writs are divided into original, by which actions or proceedings are begun, of mesne process, by which interlocutory proceedings are initiated, of execution, by which the judgment or decree is carried into effect. See 3 Bl. Comm. 273; 1 Tidd, Prac. 93; Gould, PI. c. 2, § 1.

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Notice

This definition of Writ Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Practical Information

Note: Some of this information was last updated in 1982

An order issued by a court, or judge, in the name of the state, for the purpose of compelling the defendant to do something mentioned in the order. For specific writs, see mandamus (in U.S. law); certiorari (in U.S. law); habeas corpus (in U.S. law); quo warranto (in U.S. law); prohibition (in U.S. law).

Writ of Error

A mandatory precept issued out of a court of competent jurisdiction

Writ of Execution

See judgment creditor (in U.S. law).

(Revised by Ann De Vries)

What is Writ?

For a meaning of it, read Writ in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Writ.

Meaning of Writ

In plain or simple terms, Writ means: A court order requiring the performance of a specified act or giving authority to have the act done.

Resources

Writ in the context of Juvenile and Family Law

Definition ofWrit, published by the National Council of Juvenile and Family Court Judges: An order issued by a court commanding that a certain act or acts be done or not done. There is a wide variety of special writs, and much state-to-state variation in testimony, law and practice.

Writ Definition in the context of the Federal Court System

A formal written command or order, issued by the court, requiring the performance of a specific act.

Writ