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 This form of writ has been replaced by the summons, which commences civil actions today, but the summons is still sometimes called an original writ.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Sharif said the original writ petition was filed on July 24 against the railways Lahore general manager, railway education director, railways Multan divisional superintendent and others.
With a week before the scheduled execution, Braziel's attorneys filed for the state's highest criminal court to reconsider the original writ on Dec.
(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.
Moreover, those who want to turn the writs in electronic images will often want to destroy the original writ, to save the expenses for their stocking, but they arise the situation in which the deliberate destruction of the original document would mean an intented act of the party who wants to rely its assertion on this recording.
[section] 2241, nor do they suggest any modifications to the Supreme Court's original writ jurisdiction.
(32) For examples of the Court's use of the original writ, see
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.