Original Writ

Original Writ

A document formerly used to commence a lawsuit in English courts.

Historically, the writ needed to start a personal action was a mandatory letter from the king, issued by the Chancery and sealed with the Great Seal. It was directed to the sheriff of the county where the wrong was supposed to have been committed and required the sheriff to command that the defendant either satisfy the plaintiff's claim or answer the charges that had been made. This form of writ has been replaced by the summons, which commences civil actions today, but the summons is still sometimes called an original writ.

ORIGINAL WRIT, practice, English law. A mandatory letter issued in the king's name, sealed with his great seal, and directed to the sheriff of the county wherein the injury was committed or supposed to have been done, requiring him to command the wrongdoer or party accused, either to do justice to the complainant, or else to appear in court and answer the accusation against him. This writ is deemed necessary to give the courts of law jurisdiction.
     2. In modern practice, however, it is often dispensed with, by recourse, as usual, to fiction, and a proceeding by bill is substituted. In this country, our courts derive their jurisdiction from the constitution and require no original writ to confer it. Improperly speaking, the first writ which is issued in a case, is sometimes called an original writ, but it is not so in the English sense of the word. Vide 3 Bl. Com. 273 Walk. Intr. to Amer. Law, 514.

References in periodicals archive ?
If needed, Consultant shall ensure that the Court Clerk issues the original writ of possession.
45) If an original writ is filed at CAAF, the court's rules require the following: (1) a case history; (2) why relief was not sought from the appropriate service court; (3) the relief sought; (4) the issues presented; (5) the facts necessary to understand the issues presented by the petition; (6) reasons why the writ should issue; and (7) contact information for each respondent.
In the original writ issued against the Jockey Club, Paul Burcher, 52, and his wife Sheena, 60, alleged they gave Ken Wingrove a three-year lease to train from their property only after receiving a ``glowing reference'' from racing's ruling body which, they claim, ``purposely withheld'' the information that he was an undischarged bankrupt.
This pattern certainly suggests that the Court treats a COA application like a certiorari petition or a petition for an original writ of habeas corpus, which are within its discretionary jurisdiction and are summarily denied in the vast majority of cases.
The original writ was filed by attorneys Bruce Rogow and Beverly Pohl, representing attorneys Dennis G.
The original writ said of her condition: "The outlook is grim - increasing pain culminating in an agonizing death.
It means whatever slice of the pounds 700,000 prize fund Seve wins must be paid into the Liverpool court where the original writ was issued.
Medley promptly brought an original writ of habeas corpus in the U.
If the CAAF denies a writ-appeal or an original writ, military counsel cannot seek relief in a federal civil court without prior written approval of The Judge Advocate General.
Florida courts have identified the district court's continuing common law authority to issue an original writ to an administrative agency, which falls within the definition of lower tribunal under Florida Rule of Appellate Procedure 9.
An original writ proceeding is initiated by filing a petition directly within the appellate forum, with the appropriate filing fee, rather than by filing a notice of appeal in the lower tribunal.
That said, it is doubtful that these recent decisions signal a trend of more aggressive issuance of original writs.