Capias


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Related to Capias: Capias pro fine

Capias

[Latin, That you take.] The name for several different kinds of writs, or court orders, all of which require an officer to take the defendant into custody.For example, a capias ad audiendum judicium is a writ that orders the defendant brought back before the court after an appearance in which the person has been found guilty of a misdemeanor. A capias ad satisfaciendum orders the sheriff to take the defendant into custody until a judgment is paid or a discharge is granted on the ground that the defendant is an insolvent debtor. This is a body execution.

CAPIAS, practice. This word, the signification of which is "that you take," is applicable to many heads of practice. Several writs and processes, commanding the sheriff to take the person of the defendant, are known by the name of capias. For example: there are writs of capias ad respondendum, writs of capias ad computandum, writs of capias ad satisfaciendum, &c., each especially adapted to the purposes indicated by the words used for its designation. See 3 Bl. Com. 281; 3 Bouv. Inst. n. 2794.

References in periodicals archive ?
observing that the power to arrest by virtue of what was called a writ of capias ad respondendum had "given way to personal service of summons or other form of notice").
A writ of capias is for the sheriff to arrest a defendant in a civil case who has refused to appear in court.
Over the years, judges in various courts have resorted to issuing capias warrants against Mr.
There is a note on illustrations of John Lang's works with special attention paid to the illustrated cover of Captain Macdonald or Haps and Mishaps at Capias Castle.
On the filing of either an indictment or information charging the commission of a crime, if the person named therein is not in custody or at large on bail for the offense charged, the judge shall issue or shall direct the clerk to issue, either immediately or when so directed by the prosecuting attorney, a capias for the arrest of the person.