praecipe
Writs of praecipe (imperative of the Latin praecipio ("I order"), thus meaning "order [this]") are a widespread feature of the common law tradition, generally involving the instigation of some form of swift and peremptory action.B. A. Garner, A Dictionary of Modern Legal Usage (2001) p. 679
Early development
The word praecipe moved from the Roman Empire into the medieval Latin of the English Chancery, and so reached English law. In the twelfth century, writs praecipe, addressed to sheriffs,G. O. Sayles, The Medieval Foundations of England (London 1966) p. 333 emerged as the swiftest way to bring legal disputes to the royal courts.J. R. Tanner ed., The Cambridge Medieval History Vol V (Cambridge 1926) p. 588 While the so-called possessory assizes, such as novel disseisin, had marked a great advance in royal justice, they proved too rigid for the full complexities of land law, and so had to be supplemented by more specialised praecipe writs, such as praecipe for dower, or praecipe quod reddat.S. H. Steinberg, ed., A New Dictionary of British History (London 1963) p. 123 and p. 284 The latter, one of the so-called writs of entry, was singled out in Magna Carta Ch 34 by the barons in an attempt (largely unsuccessful) to delimit more firmly private from royal jurisdiction.G. O. Sayles, The Medieval Foundations of England (London 1966) p. 401
North American usage
In law in the United States a praecipe is a document that either (A) commands a defendant to appear and show cause why an act or thing should not be done;B. A. Garner, A Dictionary of Modern Legal Usage (2001) p. 679 or (B) requests the clerk of court to issue a writ and to specify its contents; though US Clerks are variously limited to handle minor precepts (typical status adjustments) in the name of the Court (i.e., a clerk cannot issue any forceful or mandamus writ).{{citation needed|date=September 2017}} The writ was often issued to amend or change a subsequent order or to correct an error that may have been missed earlier. Its appearance in American law is not surprising, as many of the English customs and traditions were passed on.
In Canada, praecipe is used in place of a notice of motion as an application for a desk order that is granted in the court registry without a hearing before a judge.
Indian usage
At the Bombay High Court a praecipe is used in all communications between advocates and the Court. It serves as a covering letter for the filing of documents with the registry and other registry work. Praecipes are also used in order to motion the judge, either in court or in chambers in order to place a matter for early listing or in order to seek urgent ad-interim reliefs. Praecipes in India are usually in the form of a letter addressed to the registrar of that particular court.{{Cite web|url=https://lawandotherthings.com/2016/02/litigation-101-bombay-high-cour/|title=Litigation 101: Bombay High Court Practice and Procedure|last=Chandrachud|first=Abhinav|date=2016-02-19|website=Law and Other Things|language=en-GB|access-date=2019-03-19}}
See also
References
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External links
- [https://web.archive.org/web/20061005005223/http://www.wwlia.org/Praecipe.htm WWLIA Definition]
- [http://www.uslegalforms.com/legaldefinitions/p/praecipe.php US Legal Research]
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