Praecipe


Also found in: Dictionary, Wikipedia.
Related to Praecipe: Writ of praecipe

Praecipe

[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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
(132.) The praecipe is a designation by the parties, filed with the
Similarly, client and counsel often need more time to work out payment arrangements than was available under the 60-day deadline for filing a praecipe and petition under subsection 508(c)(5).
But as little as we knew about praecipes, did we know any more about depositions?
The new public act also amends section 508(c)(5) to provide for tolling the deadline for filing a final fee petition or praecipe for a fee hearing if a motion under section 2-1203 of the Code of Civil Procedure or a notice of appeal is filed.
In other litigation, actions are commenced by filing a complaint or a praecipe seeking a writ of summons, but lien claims can be commenced by filing a complaint or an amicable action agreement.
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.
(2) On oral request of an attorney of record, and without a witness praecipe, the clerk shall issue a subpoena for testimony before the court or a subpoena for tangible evidence before the court.
A segment of the audience--specifically, "our grave men" who expect instruction, so that "poems void of profit" will be "Cast out by voices"-can both come away with something and know that they've come away with something: precepts (praecipes) must be quickly perceptible (percipiant):
The rule provides that the clerk of the trial court will transmit a record consisting of "the original documents, exhibits, and transcript(s) of proceedings, if any, filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, other discovery, and physical evidence." (6) Depending on the issue on appeal, a party--within 10 days of filing the notice of appeal--may make a special direction to the clerk to include additional documents or to exclude certain documents or exhibits in the record.
By the same token, the clerk will usually exclude "summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, other discovery, and physical evidence." (37) If any such items are relevant in your appeal, you need to direct the clerk to include them.
(1) Except as otherwise designated by the parties, the record shall consist of [begin strikethrough]the original[end strikethrough]all documents filed in the lower tribunal, all exhibits that are not physical evidence, and any transcript(s) of proceedings filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, and other discovery.
(1) Except as otherwise designated by the parties, the record shall consist of the original documents, all exhibits that are not physical evidence, and any transcript(s) of proceedings, if any, filed in the lower tribunal, except summonses, praecipes, subpoenas, returns, notices of hearing or of taking deposition, depositions, and other discovery, and physical evidence.