scire facias
Noun: A judicial writ (a formal written order from a court) that is issued based on an existing court record or judgment. It requires the party against whom it is issued to appear in court and show cause (give a legal reason) why the record should not be enforced, revived, or annulled.
Scire facias is a specialized legal term used primarily in common law systems. It is a procedural mechanism to challenge or enforce a prior judgment, patent, charter, or other official record after a period of time has passed. - It is often used to revive a judgment that has become dormant. - It can be used to repeal or annul a patent or charter for legal cause.
- The creditor filed a scire facias to revive the ten-year-old judgment against the debtor.
- The attorney argued that the scire facias to annul the patent was improperly served.
- The court issued a writ of scire facias based on the original decree.
The phrase scire facias comes from Latin, meaning "to make known" or "you are to make known," which reflects the writ's function of requiring a party to explain themselves to the court. Its use has become less common in modern procedure, often replaced by simpler motions, but it remains a part of legal terminology. - Scire facias ad disprobandum debitum: A writ to disprove a debt. - Scire facias ad rehabendam, vel recipiendam terram: A writ to recover land. - Scire facias quare restitutionem habere non debet: A writ demanding to know why restitution should not be made.
- Writ (n): A formal written order issued by a court.
- Show cause (v): To give reasons or justification for or against an action.
- Judgment (n): A formal decision or ruling given by a court.
- Judicial writ
- Process
- Court order
- Writ of scire facias: The full formal name of the legal instrument.
- To bring a scire facias: To initiate this specific legal proceeding.
- a judicial writ based on some record and requiring the party against whom it is brought to show cause why the record should not be enforced or annulled