Legal Definitions - sue out

Sue out refers to the formal act of applying to a court to obtain a specific legal document, such as an order, a writ, or a warrant. It describes the process of making an official request for the court to issue a particular directive or command that it has the authority to grant.

Here are a few examples to illustrate this concept:

• Imagine a lawyer preparing for a civil trial. To compel a reluctant witness to testify or produce documents, the lawyer might sue out a subpoena. This means the lawyer formally requests the court to issue a subpoena, which is a legal order requiring the witness to appear in court or provide specific evidence. The court, upon reviewing the request, then issues the official document.

• After a person wins a lawsuit and is awarded a monetary judgment, the losing party might refuse to pay. To enforce this judgment, the winning party's attorney might sue out a writ of execution. This is a formal application to the court asking it to issue a writ that authorizes a sheriff or other officer to seize the losing party's assets to satisfy the debt. The court's issuance of this writ is a direct result of the application.

• In a criminal investigation, if law enforcement believes they have sufficient evidence that a particular individual has committed a crime, a prosecutor might sue out an arrest warrant. This involves presenting evidence to a judge and formally requesting the court to issue a warrant that authorizes the police to arrest the named individual. The judge's approval and subsequent issuance of the warrant are the outcome of the prosecutor's formal application.