Legal Definitions - exigendary

The term exigendary refers to a historical legal process, primarily used in English common law, that involved a formal writ or series of proclamations issued by a court to compel the appearance of an individual who had absconded or could not be found. Its purpose was to force the person to respond to legal charges or obligations, with severe penalties, such as being declared an outlaw, for non-compliance.

• Imagine a scenario in 17th-century England where a person accused of a serious felony fled their village to avoid arrest and trial. The local sheriff, unable to locate them, would initiate an exigendary process. This would involve the court issuing a writ of exigent, commanding that the accused be publicly called to appear at several consecutive county courts. If the individual failed to present themselves after these repeated public demands, they would be declared an outlaw, losing all legal rights and protections, and potentially facing summary execution if apprehended.

  This example illustrates the exigendary process as a formal, escalating legal mechanism designed to compel the appearance of an absconding individual, with severe consequences for non-compliance.

• While the specific term "exigendary" is largely archaic, the underlying concept of using formal legal pressure to compel appearance when someone is evading justice still exists in modern legal systems. For instance, if a defendant in a high-profile criminal case skips bail and flees the country, authorities might issue an international arrest warrant and publicly declare them a fugitive. This creates a similar kind of urgent, formal demand for their appearance, albeit through different legal instruments, to ensure they face justice.

  This example draws an analogy to modern practices, showing how the principle of an urgent, formal demand to compel an absent party's appearance, to avoid severe legal repercussions, remains relevant even if the specific "exigendary" writ is no longer in use.

• Consider a complex civil fraud case where a key individual, whose testimony is crucial, deliberately avoids all attempts at contact and fails to respond to multiple subpoenas. Although not an "exigendary" writ, a judge might issue increasingly stringent orders, potentially leading to a warrant for their arrest for contempt of court. This escalating legal pressure, aimed at forcing the individual to appear and participate in the legal process when they are actively evading it, conceptually mirrors the historical intent of an exigendary process.

  Here, the example highlights the "compelling appearance" aspect in a civil context, demonstrating how legal systems still employ escalating measures to ensure individuals fulfill their obligations when they attempt to evade them.