Legal Definitions - writ

A writ is a formal, written command issued by a court or another legal authority. It directs a specific person, organization, or even another court, to perform a particular action, or to refrain from doing something, as required by law or judicial process. Essentially, it's a court's official way of telling someone what they must do.

Here are some examples to illustrate how writs function:

• Imagine a situation where a local government agency is legally required to provide certain public records upon request, but it repeatedly refuses to do so without a valid reason. A citizen seeking these records might ask a court to issue a writ. This writ would be a formal order from the court, commanding the government agency to release the requested documents. This demonstrates a writ compelling a public entity to fulfill a specific legal duty.

• Consider a scenario where a person has lost their case in a lower court and believes that the court made a significant legal error. They want a higher court to review the decision. They might petition the higher court to issue a writ. If granted, this writ would formally instruct the lower court to send up all the relevant case files and records for the higher court to examine. This illustrates a writ as a command from a superior court to an inferior court, requiring the transmission of information for review.

• Suppose a business successfully sues a client for unpaid services and wins a monetary judgment in court. If the client still refuses to pay, the business can obtain a writ from the court. This writ would then direct a law enforcement officer, such as a sheriff, to take specific actions—like seizing the client's assets or garnishing their bank accounts—to ensure the judgment is satisfied. This example shows a writ as a court's formal instruction to an officer of the law to enforce a judgment and compel a party to fulfill a financial obligation.