Legal Definitions - writ of praecipe

A writ of praecipe refers to a formal, written request submitted to a court clerk, asking the clerk to perform a specific administrative or clerical act. This act often involves the issuance of an official court document, such as a summons, a subpoena, or another type of writ (a formal written order issued by a court).

In essence, a praecipe is the instruction given to the court's administrative staff to take a particular action on behalf of a party in a legal case. While historically a "writ of praecipe" was a specific type of original writ commanding a defendant, in modern legal practice, the term "praecipe" more commonly describes the *request itself* for the clerk to issue a particular court order or document, which might *be* a writ.

Here are some examples illustrating the application of a writ of praecipe:

• Initiating a Lawsuit: Imagine a company, "Tech Innovations Inc.," wants to sue a former employee for breach of contract. To formally begin the legal process, Tech Innovations' attorney would file a document with the court clerk called a praecipe for a writ of summons. This praecipe is a written request instructing the clerk to prepare and issue a "writ of summons," which is the official document notifying the former employee that a lawsuit has been filed against them and they must respond. The praecipe ensures the clerk takes the necessary administrative step to get the lawsuit properly started.

• Enforcing a Judgment: Suppose a landlord, Ms. Chen, wins a court judgment against a tenant for unpaid rent. The tenant refuses to pay. To collect the money, Ms. Chen's attorney would file a praecipe for a writ of execution with the court clerk. This praecipe is a formal request for the clerk to issue a "writ of execution," which is a court order directing a sheriff or other law enforcement officer to seize the tenant's assets (like bank accounts or property) to satisfy the judgment. The praecipe is the crucial step that prompts the court's administrative machinery to enforce the judgment.

• Compelling Witness Testimony: During a personal injury trial, the defense attorney needs a specific medical expert to testify, but the expert is reluctant to appear voluntarily. The attorney would file a praecipe for a subpoena with the court clerk. This praecipe is a written request for the clerk to issue a "subpoena," which is a legal document compelling the medical expert to appear in court on a specific date and time to give testimony. The praecipe ensures the court clerk generates the necessary legal instrument to secure the witness's presence.