Legal Definitions - praecipe

A praecipe is a formal written request submitted to a court, typically by a party involved in a lawsuit, asking the court or its clerk to take a specific action. It serves as an instruction or a command to the court's administrative staff to perform a procedural step in a legal case.

In modern legal practice, a praecipe is commonly used to:

• Request that the court perform a particular action, such as scheduling a hearing, setting a trial date, or entering a judgment.
• Direct the clerk of the court to issue a specific legal document, like a summons, a subpoena, or a writ.

Here are some examples illustrating how a praecipe is used:

• Example 1: Requesting a Trial Date

  Imagine a civil lawsuit where both sides have completed the initial information-gathering phase (discovery). The plaintiff's attorney believes the case is ready for trial. To move forward, the attorney would file a document titled "Praecipe to Set Case for Trial" with the court clerk. This praecipe formally requests the court to schedule a trial date and issue the necessary notices to all parties involved.

  This illustrates a praecipe as a request for the court to perform a specific procedural action (scheduling a trial) and for the clerk to issue related documents.

• Example 2: Requesting Entry of a Default Judgment

  Consider a situation where a person is sued for an unpaid debt, but they fail to respond to the lawsuit within the legally required timeframe. The plaintiff's attorney can then file a "Praecipe for Entry of Default Judgment" with the court clerk. This document formally asks the clerk to enter a judgment against the defendant because of their failure to participate in the legal process.

  This demonstrates a praecipe being used to request the court's administrative staff (the clerk) to perform a specific action (entering a judgment) based on the procedural status of the case.

• Example 3: Requesting Issuance of a Subpoena

  During a lawsuit, an attorney might need to compel a witness who is not directly involved in the case to provide testimony or produce specific documents. The attorney would file a "Praecipe for Subpoena" with the court clerk. This praecipe instructs the clerk to prepare and issue a subpoena, which is a legal order compelling the witness to appear or provide the requested items.

  Here, the praecipe serves as a formal instruction to the court clerk to issue a specific legal document (a subpoena) that will then prompt action from a third party.