Legal Definitions - writ of capias ad respondendum

A writ of capias ad respondendum is a formal court order directing law enforcement to arrest an individual and bring them before the court. The primary purpose of this arrest is to compel the individual to "respond" or "answer" to a legal complaint, a specific charge, or a court order they have previously failed to obey or acknowledge. It is a specific type of capias, which is a general term for a writ commanding an arrest. This particular writ is issued when a person's presence is required in court to address a legal matter, often after they have failed to appear despite being properly summoned.

Here are some examples of how a writ of capias ad respondendum might be used:

• Example 1: Failure to Appear in a Civil Lawsuit

  Imagine a situation where a plaintiff, Ms. Chen, has sued Mr. Davis for damages resulting from a car accident. Mr. Davis was properly served with the lawsuit papers and received multiple notices to appear for a deposition (a sworn out-of-court testimony) and subsequent court hearings. Despite these notices, Mr. Davis repeatedly fails to show up, significantly delaying the legal process.

  Illustration: Frustrated by Mr. Davis's non-compliance, Ms. Chen's attorney requests the court to issue a writ of capias ad respondendum. The court grants the request, ordering the sheriff's department to locate and arrest Mr. Davis, bringing him directly before the judge. This action ensures Mr. Davis is physically present to "respond" to the allegations in Ms. Chen's lawsuit and to the court's previous orders, allowing the case to proceed.

• Example 2: Non-Appearance for a Contempt of Court Hearing

  Consider a divorce case where a court issued an order requiring Mr. Thompson to pay spousal support to his ex-wife. Mr. Thompson consistently fails to make these payments. His ex-wife's attorney files a motion for contempt of court, and the court orders Mr. Thompson to appear at a "show cause" hearing to explain why he shouldn't be held in contempt. Mr. Thompson, however, ignores this order and does not attend the hearing.

  Illustration: Because Mr. Thompson failed to appear to "respond" to the contempt allegations and the court's order, the judge issues a writ of capias ad respondendum. This writ authorizes law enforcement to arrest Mr. Thompson and bring him before the court. His arrest compels him to finally answer for his failure to pay spousal support and his non-appearance, ensuring he faces the consequences of violating a court order.

• Example 3: Debtor's Examination After Judgment

  A small business, "Tech Solutions Inc.," obtained a court judgment against a former client, Ms. Rodriguez, for an unpaid invoice. To determine Ms. Rodriguez's assets and ability to pay the judgment, the court issued an order for her to appear for a "debtor's examination." Ms. Rodriguez received the order but failed to attend the scheduled examination.

  Illustration: To compel Ms. Rodriguez to "respond" to the court's order and provide the necessary financial information, Tech Solutions Inc. requests a writ of capias ad respondendum. The court issues the writ, allowing law enforcement to arrest Ms. Rodriguez and bring her before the court. This ensures she can be questioned under oath about her assets, helping Tech Solutions Inc. to potentially collect on the judgment.