Legal Definitions - exigi facias

exigi facias

This is a historical Latin legal term meaning "that you cause to be demanded." It refers to a type of formal legal command, specifically a writ, used in historical legal systems to compel an individual to appear in court. It was typically issued when a person was evading service of process or hiding to avoid legal proceedings. The writ would publicly demand their appearance, and repeated failure to comply could lead to severe consequences, such as being declared an outlaw.

• Example 1: Compelling a Debtor's Appearance

  Imagine a scenario in medieval England where a merchant owed a significant sum of money but had deliberately fled the jurisdiction to avoid repaying the debt and responding to court summons. The creditor, unable to locate the merchant, would petition the court. The court might then issue an exigi facias. This writ would be publicly proclaimed, formally demanding the debtor's appearance in court by a specific date. If the merchant continued to evade, after several such demands, they could be declared an outlaw, losing all legal protections and rights.

• Example 2: Addressing an Accused Person in Hiding

  Consider a historical case where an individual was accused of a serious crime but had gone into hiding, making it impossible for authorities to serve them with a direct summons or warrant. To ensure due process and compel their presence, the court would issue an exigi facias. This writ would be publicly announced in various prominent locations, such as market squares or during county court sessions, over a series of weeks or months, formally demanding the accused to surrender themselves. Continued non-compliance would lead to their outlawry, effectively placing them outside the protection of the law.

• Example 3: Resolving a Land Dispute with an Absentee Defendant

  In a historical land dispute, if one party initiated a lawsuit to claim ownership, but the current occupant of the land refused to acknowledge the court's authority or appear to defend their claim, ordinary summons might fail. In such a situation, the court could issue an exigi facias. This writ would publicly demand the defendant's presence in court to present their case and respond to the claim. If they persistently ignored this formal demand, the court could proceed with the case in their absence or rule against them by default, potentially stripping them of their claim to the disputed land.