Legal Definitions - precipe

A precipe (sometimes spelled praecipe) is a formal written request submitted by a party in a legal case, or their attorney, asking a court clerk or another court official to perform a specific administrative action.

It is essentially an instruction or command to a court officer to carry out a particular duty, such as issuing a document, entering a judgment, or scheduling a court event. Precipes are used for various procedural steps within a lawsuit.

• Example 1: Requesting a Subpoena

  Imagine a lawyer representing a client in a personal injury lawsuit. To gather evidence, the lawyer needs a specific witness to testify in court. The lawyer would file a precipe for subpoena with the court clerk. This written request formally asks the clerk to prepare and issue a subpoena, which is a legal order compelling the witness to appear.

  This illustrates a precipe because it is a formal written request to a court official (the clerk) to perform an administrative act (issuing a subpoena).

• Example 2: Entering a Default Judgment

  Consider a situation where a business sues a customer for unpaid debts. If the customer fails to respond to the lawsuit within the legally required timeframe, the business's attorney might seek a default judgment. The attorney would file a precipe for default judgment with the court clerk, asking the clerk to formally enter a judgment against the non-responsive customer.

  This demonstrates a precipe as it is a formal written instruction to a court official (the clerk) to perform an administrative act (entering a judgment into the court's official records).

• Example 3: Scheduling a Trial Date

  In a complex real estate dispute, after months of discovery and negotiations, both parties agree that the case is ready for trial. The attorney for one of the parties would file a precipe to set trial with the court clerk. This document formally requests the clerk to place the case on the court's calendar and assign a specific date for the trial to begin.

  This serves as an example of a precipe because it is a formal written request to a court official (the clerk) to perform an administrative act (scheduling a court proceeding).