Writ

practice. A mandatory precept issued by the authority, and in the name of the sovereign or the state, for the purpose of compelling the defendant to do something therein mentioned. 2. It is issued by a court or other competent jurisdiction, and is return-able to the same. It is to be under seal and tested by the proper officer, and is directed to the sheriff, or other officer lawfully authorized to execute the same. Writs are divided into, 1. Original. 2. Of mesne process. 3. Of execution. Law Dictionary – Alternative Legal Definition A precept in writing, couched in the form of a letter, running in the name of the king, president, or state, issuing from a court of justice, and sealed with its seal, addressed to a sheriff or other officer of the Jaw, or directly to the person whose action the court desires to command, either as the commencement of a suit or other proceeding or as incidental to its progress, and requiring the performance of a specified act, or giving authority and commission to have it done. For the names and description of variows particular writs, see the following titles. In old English law. An instrument in the form of a letter; a letter or letters oJf attorney. This is a Very ancient sense ot the word. In the old books, “writ” is used as equivalent to “action;” hence writs are sometimes divided into real, personal, and mixed. In Scotch law. A writing; an instrument in writing, as a deed, bond, contract, etc. Alias writ. A second writ issued in the same...

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(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing. (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes. (2)(A) The petition must be titled “In re [name of petitioner].” (B) The petition must state: (i) the relief sought; (ii) the issues presented; (iii) the facts necessary to understand the issue presented by the petition; and (iv) the reasons why the writ should issue. (C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition. (3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court. (b) Denial; Order Directing Answer; Briefs; Precedence. (1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time. (2) The clerk must serve the order to respond on all persons directed to respond. (3) Two or more respondents may answer jointly. (4) The court of appeals may invite or order the trial-court judge to address the petition or may invite an amicus curiae to do so. The trial-court judge may request permission to address the pet...

By proceeding, you consent to receive calls and texts at the number you provided, including marketing by autodialer and prerecorded and artificial voice, and email, from Realtor.com and others Persons who may contact you include real estate professionals such as agents and brokers, mortgage professionals such as lenders and mortgage brokers, realtor.com and its affiliates, insurers or their agents, and those who may be assisting any of the foregoing. about your inquiry and other home-related matters, but not as a condition of any purchase. More You also agree to our A writ of possession is one legal document that a landlord and tenant never want to see. It’s usually issued as a last resort to property owners looking to What is a writ of possession? “A writ of possession is a court order a landlord must obtain when they seek to terminate a tenant’s right to possession and the tenant will not vacate the premises voluntarily,” explains Sharon Lewonski, partner and real estate practice chair at Culhane Meadows Law Firm, in Atlanta. A landlord is able to obtain a writ of possession after winning an eviction case in court against the tenant. In certain situations, a writ of possession can also be issued to homeowners. “It is often associated with an order that is issued after a completed foreclosure at a sheriff’s sale,” says Marc Dann, founding partner at Dann Law Firm, in Cleveland. “It allows the purchaser to take possession of the property.” Why a writ of possession is issue...

• A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of assets, money, or property as the result of a legal judgment. • The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff. • A writ of execution may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent). Understanding Writs of Execution A judgment of possession is a type of court order that determines who is entitled to When a court issues a writ of execution, a sheriff, deputy sheriff, or a court official is usually charged with taking possession of any property that is owed to the plaintiff. If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account. If real property is to be transferred, the items can be transferred in-kind or can be sold in a sheriff's sale. Funds from the sale may be given to the plaintiff to satisfy the terms of the court's judgment. A nulla bona is the legal term used when a writ of execution results in an effort to collect, but no available assets were available to be seized. When Are Writs of Execution Used? After a judgment of possession, a writ of execution is typically only granted if the defendant is required by law to make a payment to a plaintiff, but will not do so v...

This article is written by Mansi Jain, Student, National Law University, Jodhpur. Here she discusses the different types of Writs. Article 32(2) provides for the writ jurisdiction of the Supreme Court in India. Similarly, writ jurisdiction for High Courts is provided as to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. Against whom can a writ be issued? It’s a duty of the state to not abridge a person from the fundamental rights provided to him by the Constitution, hence a writ can be enforced against the State (as defined under Article 12 of the Constitution). But some fundamental rights such as rights under Article 17, 21, 23 and 24 are also available against private individuals hence writs can be enforced against violation of such rights by private persons. Who can approach Court under writ jurisdiction? The general principle is that the locus standi to approach the Supreme Court or High Court for enforcement of rights belongs to the person whose fundamental rights has been infringed. In common law, by the way of Public Interest Litigation(PIL) the locus standi to approach the court has been relaxed and stretched to a public-spirited third party. What are the different writs e...

• A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of assets, money, or property as the result of a legal judgment. • The judgment for possession states the plaintiff has a right to the property; the writ of execution actually begins the transfer process from a judgment debtor to a plaintiff. • A writ of execution may be used in bankruptcy cases and in eviction cases (when a tenant will not leave on their own and will not pay rent). Understanding Writs of Execution A judgment of possession is a type of court order that determines who is entitled to When a court issues a writ of execution, a sheriff, deputy sheriff, or a court official is usually charged with taking possession of any property that is owed to the plaintiff. If the property is money, the debtor's bank account may be frozen or the funds may be moved into a holding account. If real property is to be transferred, the items can be transferred in-kind or can be sold in a sheriff's sale. Funds from the sale may be given to the plaintiff to satisfy the terms of the court's judgment. A nulla bona is the legal term used when a writ of execution results in an effort to collect, but no available assets were available to be seized. When Are Writs of Execution Used? After a judgment of possession, a writ of execution is typically only granted if the defendant is required by law to make a payment to a plaintiff, but will not do so v...

(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing. (1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes. (2)(A) The petition must be titled “In re [name of petitioner].” (B) The petition must state: (i) the relief sought; (ii) the issues presented; (iii) the facts necessary to understand the issue presented by the petition; and (iv) the reasons why the writ should issue. (C) The petition must include a copy of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition. (3) Upon receiving the prescribed docket fee, the clerk must docket the petition and submit it to the court. (b) Denial; Order Directing Answer; Briefs; Precedence. (1) The court may deny the petition without an answer. Otherwise, it must order the respondent, if any, to answer within a fixed time. (2) The clerk must serve the order to respond on all persons directed to respond. (3) Two or more respondents may answer jointly. (4) The court of appeals may invite or order the trial-court judge to address the petition or may invite an amicus curiae to do so. The trial-court judge may request permission to address the pet...

By proceeding, you consent to receive calls and texts at the number you provided, including marketing by autodialer and prerecorded and artificial voice, and email, from Realtor.com and others Persons who may contact you include real estate professionals such as agents and brokers, mortgage professionals such as lenders and mortgage brokers, realtor.com and its affiliates, insurers or their agents, and those who may be assisting any of the foregoing. about your inquiry and other home-related matters, but not as a condition of any purchase. More You also agree to our A writ of possession is one legal document that a landlord and tenant never want to see. It’s usually issued as a last resort to property owners looking to What is a writ of possession? “A writ of possession is a court order a landlord must obtain when they seek to terminate a tenant’s right to possession and the tenant will not vacate the premises voluntarily,” explains Sharon Lewonski, partner and real estate practice chair at Culhane Meadows Law Firm, in Atlanta. A landlord is able to obtain a writ of possession after winning an eviction case in court against the tenant. In certain situations, a writ of possession can also be issued to homeowners. “It is often associated with an order that is issued after a completed foreclosure at a sheriff’s sale,” says Marc Dann, founding partner at Dann Law Firm, in Cleveland. “It allows the purchaser to take possession of the property.” Why a writ of possession is issue...

This article is written by Mansi Jain, Student, National Law University, Jodhpur. Here she discusses the different types of Writs. Article 32(2) provides for the writ jurisdiction of the Supreme Court in India. Similarly, writ jurisdiction for High Courts is provided as to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. Against whom can a writ be issued? It’s a duty of the state to not abridge a person from the fundamental rights provided to him by the Constitution, hence a writ can be enforced against the State (as defined under Article 12 of the Constitution). But some fundamental rights such as rights under Article 17, 21, 23 and 24 are also available against private individuals hence writs can be enforced against violation of such rights by private persons. Who can approach Court under writ jurisdiction? The general principle is that the locus standi to approach the Supreme Court or High Court for enforcement of rights belongs to the person whose fundamental rights has been infringed. In common law, by the way of Public Interest Litigation(PIL) the locus standi to approach the court has been relaxed and stretched to a public-spirited third party. What are the different writs e...