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Praecipe

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[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.



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On oral request of an attorney or party and without praecipe, the clerk shall issue a subpoena for testimony before the court or a subpoena for the production of documentary evidence before the court signed and sealed but otherwise in blank, both as to the title of the action and the name of the person to whom it is directed, and the subpoena shall be filled in before service by the attorney or party.
However, the clerk's docket shows that a praecipe, the precursor to the notice of appeal, was filed on July 16, and the notice of appeal was filed on July 31.
Stark Is there a lawyer alive today who didn't at some time in law school hear the question, "Do you know what a praecipe is?
 
 
 
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