Legal Definitions - Venire facias

The term Venire facias is a Latin phrase meaning "cause to come." In the legal system, it refers to a formal written order issued by a judge to a sheriff or another designated court officer. This order directs the officer to assemble a specific number of prospective jurors from the community to appear in court for potential jury service. The goal is to create a pool of eligible citizens, often called a "venire" or "jury panel," from which an impartial jury can be selected for an upcoming trial.

Here are some examples illustrating the application of a Venire facias:

• Imagine a high-profile criminal case, such as a complex fraud trial, where the judge anticipates extensive questioning of potential jurors to ensure impartiality. To guarantee a sufficiently large and diverse group of candidates, the judge would issue a venire facias. This writ would instruct the county sheriff's department to summon a greater number of citizens than usual for jury duty on a specific date, ensuring that even after many potential jurors are excused, enough remain for a fair selection process.

• Consider a civil lawsuit involving a significant personal injury claim that is expected to last several weeks. The presiding judge, recognizing the commitment required from jurors and the potential for some to be excused due to hardship or bias, might issue a venire facias. This order would direct the court clerk or sheriff to call a larger initial pool of citizens for jury selection, thereby increasing the likelihood of successfully seating a full jury for the lengthy trial.

• Suppose a court has experienced an unusually busy period, with several trials concluding and many jurors from the standing pool having completed their service. If a new, urgent trial is scheduled and the existing pool of available jurors is depleted, the judge can issue a venire facias. This writ would specifically command the sheriff to immediately summon additional citizens to report for jury duty, replenishing the court's juror supply and allowing the new trial to proceed without delay.