Legal Definitions - writ of trial

A writ of trial was a specific type of legal order used in historical English law. Its purpose was to direct a legal action that had initially been filed in a superior court (a higher-level court) to be tried, or heard and decided, in an inferior court (a lower-level court) or before an undersheriff (a local official with judicial duties).

Essentially, it was a mechanism for a higher court to delegate the trial of certain cases to a lower court, often for reasons of efficiency, the nature of the dispute, or the amount of money involved. This legal instrument was established by the Civil Procedure Act of 1835 but was later superseded by the County Courts Act of 1867, which introduced new procedures for transferring cases.

Here are some examples illustrating how a writ of trial might have been used:

• Example 1: Small Debt Recovery

  Imagine a scenario in 19th-century England where a local merchant sued a customer in a superior court for a relatively small, unpaid debt. The superior court, recognizing that its resources were better allocated to more complex or high-value disputes, could issue a writ of trial. This writ would order the case to be tried in a local county court, which was designed to handle such minor financial claims more efficiently and with less formality. This illustrates the transfer of a case from a superior court to a more appropriate inferior court for resolution.

• Example 2: Minor Property Dispute

  Consider a dispute between two landowners over a minor encroachment on a property boundary, initially filed in a high court. Given the localized nature of the dispute and the relatively low value of the land in question, the high court might have decided that the case did not warrant its full attention. Consequently, it could issue a writ of trial, directing the matter to be heard and decided by a local court or even an undersheriff, who could quickly assess the facts and render a judgment. This demonstrates how the writ facilitated the delegation of less complex matters to local judicial authorities.

• Example 3: Efficiency in Simple Factual Matters

  Suppose a complex commercial lawsuit was proceeding in a superior court, but one particular aspect of the case involved a straightforward factual determination, such as verifying the delivery of specific goods or the signing of a simple contract. To expedite the overall proceedings, the superior court might have issued a writ of trial specifically for this isolated factual issue. This writ would instruct an undersheriff to conduct a quick hearing to establish the facts, allowing the superior court to focus on the more intricate legal arguments of the main case. This highlights the use of the writ to delegate specific, simpler trial components to an undersheriff.