capias

capias

A judge issues a capias for the defendant's arrest.

Definition
  1. Noun:
    • Legal writ of arrest: "capias" refers to a judicial writ or order commanding a law enforcement officer to arrest a named person and bring them before the court. It is a formal legal instrument used in civil or criminal proceedings to secure the presence of a defendant or witness.
Usage Examples
  • Noun:
    • The court issued a capias for the defendant who failed to appear at the hearing. (A formal arrest warrant was ordered by the judge.)
    • After the witness ignored multiple summonses, a capias was served to compel their attendance. (A legal writ was executed to force the witness to come to court.)
Advanced Usage

  • "To serve a capias": to deliver or execute the writ of arrest to the named individual.

    • The sheriff served the capias on the fugitive at his residence. (The law enforcement officer delivered the arrest warrant in person.)

  • "Capias ad respondendum": a specific type of capias used to compel a defendant to answer a civil complaint.

    • The plaintiff requested a capias ad respondendum to ensure the debtor appeared in court. (This writ is aimed at forcing a response in a civil case.)
Variants and Related Words
  • Capias ad satisfaciendum (n): a writ of execution ordering the arrest of a debtor until the debt is paid.
    • The creditor obtained a capias ad satisfaciendum to enforce payment of the judgment. (This is a specific writ for debt collection.)
  • Capias pro fine (n): a writ to enforce payment of a fine by imprisonment.
    • The court issued a capias pro fine when the offender failed to pay the penalty. (This writ is used to secure a fine through arrest.)
Synonyms
  • Arrest warrant: a legal document authorizing the arrest of a person.
  • Writ of attachment: a court order to seize a person or property.
  • Bench warrant: a warrant issued by a judge for failure to appear.
Related Idioms
  • Under capias: being subject to a legal arrest order.
    • The suspect is under capias and will be taken into custody. (The person is legally bound to be arrested.)
Phrasal Verbs
  • Capias out: to issue or execute a capias in a legal proceeding.
    • The judge ordered to capias out the missing defendant. (The court directed the writ to be served.)