Legal Definitions - writ of course

A writ of course is a formal written order issued by a court that a party is entitled to receive automatically, or "as a matter of right," simply by making a proper request and meeting basic legal requirements. Unlike other court orders that require a judge's specific approval after a detailed hearing or discretionary decision, a writ of course is a standard procedural tool issued routinely.

• Example 1: Issuing a Subpoena for a Witness

  Imagine a lawyer preparing for a trial who needs a specific person to testify. The lawyer can request a subpoena from the court clerk. As long as the request meets the formal requirements (like proper identification of the witness and the court case), the clerk will issue the subpoena without a judge needing to review and approve that specific request. The lawyer has a right to compel witness testimony, and the subpoena is the standard "writ of course" used to exercise that right.

• Example 2: Obtaining a Writ of Execution After a Judgment

  Consider a situation where a small business successfully sues a client for unpaid services and obtains a court judgment for a specific amount of money. If the client refuses to pay, the business owner can then apply to the court for a writ of execution. This writ authorizes law enforcement to seize the client's assets to satisfy the debt. Because the business already has a valid judgment, they are legally entitled to this enforcement mechanism, and the court issues the writ as a matter of course, without needing to re-evaluate the original debt.

• Example 3: Requesting a Writ of Possession After Foreclosure

  After a bank legally forecloses on a property and completes the sale, the new owner needs to take physical possession. If the previous occupants refuse to leave, the new owner can apply for a writ of possession. Since the foreclosure process has been completed and the new owner's right to the property is legally established, the court will issue this writ as a matter of course, enabling law enforcement to remove the occupants and transfer possession to the rightful owner.