Praecipe
Encyclopedia
In law in the United States, a praecipe is document 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 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
.
. The word survived long after the Roman Empire
and found its way into England
, where it survived in the English law
. 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. Today its function has barely changed since those days of Roman times.
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
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
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
and to specify its contents. In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
it is used in place of a notice of motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
as an application for a desk order that is granted in the court registry
Registry
-Computing:* Windows Registry, a database of configuration settings in Microsoft Windows operating systems* Domain name registry, an organization that manages the registration of top-level internet domain names...
without a hearing before a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
History
The word praecipe is base LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
. The word survived long after the Roman Empire
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
and found its way into England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, where it survived in the English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
. 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
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
customs
Customs
Customs is an authority or agency in a country responsible for collecting and safeguarding customs duties and for controlling the flow of goods including animals, transports, personal effects and hazardous items in and out of a country...
and traditions were passed on. Today its function has barely changed since those days of Roman times.