Legal Definitions - mittimus

A mittimus is a formal legal document issued by a court. It primarily serves as an order directing a law enforcement official, such as a sheriff or jailer, to take a person into custody and hold them, often after a conviction or a court hearing, until further instruction from the court.

In some specific or historical contexts, the term can also refer to:

• A certified record of a court's proceedings, particularly a conviction or sentence, used for transferring a prisoner or their case information.
• A formal written order (a writ) directing the transfer of records from one court to another.

Here are some examples illustrating the use of a mittimus:

• Example 1: Order for Detention After Sentencing

  After a defendant is found guilty of a crime and the judge pronounces a sentence of incarceration, the judge issues a mittimus to the county sheriff. This document legally authorizes and directs the sheriff's deputies to immediately take the convicted individual into custody from the courtroom and transport them to the designated correctional facility to begin serving their sentence.

  This example illustrates the mittimus as a direct court order compelling law enforcement to detain a person following a judicial decision.

• Example 2: Certified Record for Prisoner Transfer

  A person has been convicted and sentenced in a local court and is being held in a county jail. When it's time to transfer them to a state prison to serve a longer sentence, the court clerk prepares a mittimus. In this instance, the mittimus is a certified transcript or summary of the conviction and sentencing details. This document accompanies the prisoner, providing the state prison authorities with the official legal basis for the individual's incarceration and the specifics of their sentence.

  This example demonstrates the mittimus as a crucial certified record that ensures the legal continuity and proper administration of a prisoner's sentence when they are moved between facilities.