Legal Definitions - alias writ

An alias writ refers to a second writ (a formal written order from a court) that is issued when the first writ of the same kind was not successfully served or executed. The term "alias" means "another" or "a second one," indicating that the court is reissuing the same type of order because the initial attempt to carry it out failed.

Here are some examples to illustrate this concept:

• Example 1: Serving a Lawsuit Summons

  Imagine a situation where a person, Sarah, files a lawsuit against a company, TechCo. The court issues a summons (the initial writ) instructing a process server to officially notify TechCo of the lawsuit. However, the process server attempts to deliver the summons to TechCo's registered address but finds the office closed indefinitely and no one available to accept service. Since the first attempt to serve the summons failed, Sarah's lawyer would then request an alias summons from the court. This alias summons is a second, identical court order allowing another attempt to serve TechCo, perhaps at a newly discovered address or through an alternative legal method.

  This illustrates an alias writ because the original summons could not be delivered, necessitating a second, identical court order to achieve the required legal notification.

• Example 2: Enforcing a Judgment for Debt

  Consider a scenario where a bank obtains a court judgment against a borrower, Mark, for an unpaid loan. To collect the debt, the bank requests a writ of execution (the initial writ) from the court, which authorizes the sheriff to seize Mark's non-exempt assets. The sheriff attempts to execute the writ but discovers that Mark has moved out of state, and no assets can be located within the court's jurisdiction. The bank's legal team would then apply for an alias writ of execution. This second writ would allow the bank to pursue Mark's assets again, perhaps in the new state where he resides, once they have registered the judgment there.

  This demonstrates an alias writ because the initial attempt to enforce the judgment by seizing assets was unsuccessful, requiring a renewed court order to continue collection efforts.

• Example 3: Compelling Witness Testimony

  Suppose a prosecutor needs a key witness, Mr. Henderson, to testify in a criminal trial. The court issues a subpoena (the initial writ) ordering Mr. Henderson to appear on a specific date. However, the process server attempts to deliver the subpoena to Mr. Henderson's home but finds that he is on an extended international trip and will not return before the trial date. To ensure Mr. Henderson's testimony, the prosecutor would request an alias subpoena. This second subpoena would be issued with a new appearance date, allowing for proper service once Mr. Henderson returns and is available.

  This exemplifies an alias writ because the first subpoena could not be served due to the witness's unavailability, making a second, identical court order necessary to compel his appearance.