praecipe

praecipe
prae·ci·pe also pre·ci·pe /'pre-sə-ˌpē, 'prē-/ n [Medieval Latin precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin praecipe, imperative of praecipere to give rules or precepts, admonish, enjoin]: a written request for an action (as the issuing of a writ of execution) from a party to a clerk of a court or sometimes to a judge
filed a praecipe for the writ of scire facias
shall issue upon praecipe of the plaintiff
◇ When addressed to a clerk, a praecipe is usu. a request for some action that does not require immediate judicial review, such as the issuing of a subpoena or the preparing of a record for appellate review. When addressed to a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do something (as to release land being withheld from another).

Merriam-Webster’s Dictionary of Law. . 1996.

praecipe
(pree-suh-pee or pres-uh-pee)
1) A written order (also called a writ) that commands a defendant to do something or to show why it should not be done.
2) A written request for court action — for example, setting a trial date or entering a judgment.
Category: Criminal Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


praecipe
n. Latin
1 Command, order. A written order or request to the clerk of the court.
2 A written court order commanding a party to do something or to show cause why it has not been already done.

Webster's New World Law Dictionary. . 2000.


praecipe
(Latin: Give an order.)
An original writ, one of the forms of legal process used to commence an action. A praecipe was drawn up in the alternative and commanded the defendant to do what was ordered or to appear and show why he or she had not done it. An order that commands the clerk of a court to issue a formal writ of execution directing the enforcement of a judgment already rendered and commanding a public officer to seize the defendant's property in order to satisfy the debt.

Dictionary from West's Encyclopedia of American Law. 2005.


praecipe
I
[Latin, Give an order.] An original writ, one of the forms of legal process used to commence an action. A praecipe was drawn up in the alternative and commanded the defendant to do what was ordered or to appear and show why he or she had not done it. An order that commands the clerk of a court to issue a formal writ of execution directing the enforcement of a judgment already rendered and commanding a public officer to seize the defendant's property in order to satisfy the debt.
II A writ commanding a person to do some act or to appear and show cause why he should not do so; an order.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

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Look at other dictionaries:

  • praecipe — c.1500 (in Magna Carta in Anglo Latin), from L. praecipe, imperative of praecipere to admonish, enjoin, from the opening words of such a writ, praecipe quod reddat enjoin (him) that he render …   Etymology dictionary

  • Praecipe — Pr[ae]c i*pe, n. [L., imperative of praecipere to give rules or precepts. See {Precept}.] (Law) (a) A writ commanding something to be done, or requiring a reason for neglecting it. (b) A paper containing the particulars of a writ, lodged in the… …   The Collaborative International Dictionary of English

  • praecipe — An original writ commanding the defendant to do the thing required; also an order addressed to the Clerk of the Court requesting him to issue a particular writ. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • Praecipe — A praecipe is a legal term in the U.S. that either (A) commands a defendant to appear and show cause why an act or thing should not be done; or (B) requests the clerk of court to issue a writ and to specify its contents. In Canada it is used in… …   Wikipedia

  • praecipe — also precipe noun Etymology: Middle English presepe, from Medieval Latin praecipe, from Latin, imperative of praecipere to instruct more at precept Date: 15th century 1. any of various legal writs commanding a person to do something or to appear… …   New Collegiate Dictionary

  • praecipe — /pree seuh pee , pres euh /, n. Law. 1. any of various legal writs commanding a defendant to do something or to appear and show why it should not be done. 2. a written order addressed to the clerk of the court requesting that a writ be issued and …   Universalium

  • praecipe quia dominos remisit curiam — A writ because the lord has waived his court. A writ of right thus called was formerly used for the same purpose as the later praecipe in capite to oust the lord of his jurisdiction by suing out this writ in the king s court, instead of by writ… …   Ballentine's law dictionary

  • praecipe in capite — inˈkapəˌtē noun Etymology: New Latin : a writ of right issuing from a Chancery Court in aid of a disseized tenant of land in chief holding immediately of the crown compare praecipe 1 …   Useful english dictionary

  • praecipe — noun A writ demanding action, or requiring a reason for neglecting it …   Wiktionary

  • praecipe — [ pri:sɪpi] noun Law an order requesting a writ or other legal document. Origin L. (the first word of the writ), imperative of praecipere enjoin, command …   English new terms dictionary

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