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A writ is a court-issued document that requires a specific action, prohibits an action, or grants access to something. They originated in English common law and are used in courts following that tradition, including in the United States, India, Australia, and other Commonwealth nations. There are many different types of writs, some specific to certain courts or legal systems, and others more universal. They are usually issued by a court and compel or permit a named action by an official plaintiff.
In law, a writ is basically a written document issued by a court to a lower court or other official body or office, normally requiring that party to take a specific action, to avoid taking some sort of action prohibited or, in rarer cases, granting access to something. These types of documents originated in English common law and are most commonly used in courts following that tradition, particularly in the United States but also in India, Australia, and other current and former Commonwealth nations. There are many different varieties and formats, some of which are specific to certain courts or legal systems and others which are more universal. Not all of them even bear the “written” name; warrants are often grouped into this category, for example, as are subpoenas. The implications of what documents can normally do also vary. What they all have in common is that they are documents, originating from a court, which compel or permit a named action by an official plaintiff.
Basic concept
Court-issued documents come in many forms. Deeds are usually more unique when it comes to their recipients: most of the time, a document won’t bear this name unless it’s intended for a public official. They are not normally issued to individuals in their personal capacity, for example, although people can often request them. Some of the more common examples include habeas corpus, through which a person can ask a court for relief from what he deems to be unlawful detention; seizure-focused documents also allow a court to order the seizure of assets that are in the possession of one party but belong to another, usually the government or some government agency. This often happens when a court issues a judgment in favor of a debtor.
Sometimes courts compose and issue these documents themselves, usually after a judgment has been passed. They can also normally be requested, usually through a petition. The petition process varies from place to place and even court to court and is usually filed by attorneys or other qualified legal counsel.
Origins of the Common Law
In England, the use of these tools as methods of judicial activity began in the days when the common law was the law of the land. Originally, the document was a letter from a competent authority, indicating the need to take action. In those days, a petition had to be issued so that a case could also be heard by the royal courts. The Woolf Reforms, passed in 1999, replaced the use of these forms to initiate a civil action with a more simplified claim form. The goal and main function are more or less the same in most cases.
In United States law
The United States also uses this form of court documentation as a means of carrying out certain actions or changes, and the process originally mirrored that of the English courts, although usages of the two systems have evolved in different ways over time. In the United States, the All Writs Act allowed the country’s federal courts to issue the necessary documents and orders to help their jurisdictions. In 1938, however, federal law and civil procedure abolished certain formats in certain cases, such that certain remedies are now available through lawsuits and court motions in pending cases.
Indian courts
The Indian legal system also uses the deeds. Indeed, the country’s constitution grants its courts the right to use them. In this country, one of the most common is the relative prohibition, where a higher court forbids a lower court from pursuing a case, stating that the court does not have appropriate jurisdictional power. The writ of certiorari is another common one and orders a lower court to send all documents relating to a case to a higher court for review. The same name is used in the United States when the Supreme Court grants the petitioner’s requests to have a case heard by another court.
