Legal Definitions - recordare

Recordare is a historical legal writ, which translates from Latin as "to cause to be recorded" or "to bring to mind." In practice, it was a command issued by a superior court to an inferior court or tribunal, instructing the lower body to send up the record of a particular case for review. This writ was primarily used when the lower court was not considered a "court of record" (meaning its proceedings were not formally documented in the same comprehensive manner as higher courts) or when other specific writs, such as certiorari, were not appropriate for the situation. Its fundamental purpose was to allow a higher court to examine the proceedings of a lower tribunal to ensure that justice was administered correctly.

• Example 1: Review of an Administrative Decision

  Imagine a local city council's planning committee, which is not a formal court, makes a decision to deny a developer's application for a new building permit. The developer believes the committee acted outside its legal authority or failed to follow proper procedures. Since the planning committee is not a traditional court of record, the developer might historically have sought a recordare writ from a higher court to compel the committee to produce all relevant documents, minutes, and any informal records of their proceedings for judicial review. This would allow the higher court to scrutinize the committee's decision-making process.

• Example 2: Challenging a Magistrate's Ruling

  Consider a scenario from an older legal system where a local magistrate, presiding over minor disputes and infractions, might not maintain detailed, formal transcripts of every hearing. If a person was found liable for a small debt by such a magistrate and believed there was a significant error in how the case was handled, they could petition a superior court for a recordare. This writ would order the magistrate to gather and present whatever records, notes, or recollections of the case existed, allowing the higher court to review the proceedings despite the lack of a formal court record.

• Example 3: Examination of a Small Claims Judgment

  In some jurisdictions, small claims courts operate with simplified procedures and less formal record-keeping than higher courts. If a party in a small claims case believed a fundamental procedural error occurred or that the judge misapplied the law in a way that couldn't be addressed by a standard appeal (perhaps due to the informality of the record), they might historically have sought a recordare. This writ would compel the small claims court to compile and send up its file, including any notes, exhibits, or summaries of testimony, for a higher court to review the fairness and legality of the judgment.