Legal Definitions - writ of mesne process

Term: Writ of Mesne Process

A writ of mesne process is a formal court order issued during the intermediate stages of a lawsuit, *before* a final judgment has been reached. Its primary purpose is to compel a party's appearance in court, secure property relevant to the dispute, or enforce a preliminary court order, thereby ensuring the orderly progression of the case towards a final resolution.

Essentially, it's a procedural tool used by the court to manage the lawsuit and ensure compliance with its directives while the case is still ongoing, rather than at its conclusion.

• Example 1: Writ of Attachment

  Imagine a situation where Company A is suing Company B for a significant amount of money due to an alleged breach of contract. Company A becomes concerned that Company B might attempt to sell off or transfer its valuable assets out of the court's reach before a final judgment can be issued. To prevent this, Company A can request a writ of attachment from the court.

  This writ, issued *during* the lawsuit and *before* any final decision, authorizes a law enforcement officer (like a sheriff) to seize and hold specific assets belonging to Company B. This action ensures that if Company A ultimately wins the lawsuit, there will be assets available to satisfy the judgment, thereby securing the potential outcome of the case.

• Example 2: Pre-judgment Writ of Garnishment

  Consider a landlord suing a former tenant for unpaid rent and damages. The landlord learns that the tenant has a steady job but fears the tenant might spend all their wages or empty their bank account before the court can rule on the case. The landlord could then seek a pre-judgment writ of garnishment.

  This writ directs a third party, such as the tenant's employer or bank, to hold a portion of the tenant's wages or funds. This action takes place *while the lawsuit is ongoing* and *before* a final judgment is rendered, preventing the tenant from dissipating assets that could be used to satisfy a future judgment for the landlord.

• Example 3: Order to Appear for a Deposition

  In a complex personal injury lawsuit, the plaintiff's attorney identifies a crucial witness whose testimony is vital but who is reluctant to appear voluntarily. The attorney can request the court to issue an order compelling this witness to appear for a deposition.

  This court order is a form of mesne process because it is issued *during the discovery phase* of the lawsuit, long before any trial or final judgment. Its purpose is to facilitate the gathering of evidence, which is an essential intermediate step in preparing the case for its ultimate resolution, ensuring that all relevant information is brought forward.