Legal Definitions - retorna brevium

Retorna Brevium is a historical legal term that refers to the formal report made by an official, typically a sheriff, detailing their actions in response to a legal order or "writ." Essentially, it was an official update or status report endorsed directly onto the writ itself, informing the court or the requesting party whether and how the writ's instructions were carried out.

Here are some examples to illustrate this concept:

• Imagine a court issues a writ of summons, which is a legal order instructing a sheriff to notify a defendant about a pending lawsuit. The sheriff successfully delivers the summons to the defendant and then writes a note on the back of the original writ, detailing the date, time, and manner of service. This written report, confirming the successful execution of the summons, would be considered a retorna brevium.

• Consider a situation where a court issues a writ of execution, instructing the sheriff to seize assets from a debtor to satisfy a judgment. The sheriff attempts to locate valuable property but finds none, or discovers that any available property is legally exempt from seizure. The sheriff then endorses the writ with a report explaining that no property could be seized and the reasons why. This official explanation of the writ's execution (or the inability to execute it) serves as a retorna brevium.

• If a court issues a writ of habeas corpus, ordering a jailer to bring a prisoner before the court, the jailer must comply. Upon presenting the prisoner, the jailer would also provide a written statement on the writ itself, confirming that the prisoner has been produced as ordered. This formal confirmation of compliance with the court's command is an example of a retorna brevium.