how writs work
a writ is a document or order that directs any form of action from a court it provides directions from an entity with jurisdictional or administrative power to another party writs were developed as part of the english common law system and were primarily issued by anglo saxon monarchs these writs were written decrees that consisted of administrative commands written in layperson s terms largely authenticated by a royal seal at the bottom of the document upon issue writs advised courts of land granting conveyances in some cases they were also used to carry out judicial orders while many writs were deemed open and read aloud in public others were meant merely for the party or parties named 2writs were developed over time as a way for authorities legal and otherwise to direct others to perform specific actions this means that a modern day writ provides an order from a higher to a lower court from a court to an individual or other entity or from a government agency to another party the writ may command the named party to take some form of action or prevent that party from continuing to act or operate in a certain way present day courts also use writs to give extraordinary relief or provide rights to appeal court decisions in other cases they give authorities such as sheriffs the right to seize property this can even occur in anticipation of a judgment types of writsany direct order that is issued under authority is a writ warrants and subpoenas are two common types of writs a warrant is a writ issued by a judge or magistrate that allows a sheriff constable or police officer to search a person or property commonly known as a search warrant other warrants include an arrest warrant for an individual or individuals and an execution warrant allowing the execution of an individual who has been sentenced to death in a trial court a subpoena is a writ that compels a witness to testify or compels an individual or organization to produce evidence certain writs were eliminated because the relief that used to be available only through a writ is now accessible through a lawsuit or a motion in a civil action you may find relief by filing a lawsuit or a motion in civil court when getting a writ in your favor isn t an option example of a writa writ of execution is a court order that allows a piece of property to be transferred from one party to another the plaintiff or injured party must commence legal action against the defendant in order to get this court order once the writ is drafted the property is seized by a court official or member of law enforcement the property is then transferred or sold with the proceeds going to the plaintiff in cash another example of a writ is the writ of seizure and sale when this writ is drafted by a court it gives the petitioning party the right to take over ownership of a piece of property from someone else in most cases the petitioner is normally a creditor who is allowed to seize property from a borrower when the latter defaults on their financial obligation once seized the property can be sold in order to recoup any losses by the creditor writs of habeas corpus and certiorari are both used by courts for legal purposes usually in favor of a defendant a writ of habeas corpus can be used to evaluate the constitutionality of criminal convictions delivered by state courts when the writ is issued a public official is ordered to produce an imprisoned individual before the court to determine whether their confinement is legal 3 these writs are useful when people are imprisoned for long periods of time before they re actually convicted or charged with a crime the writ of certiorari on the other hand is used by the u s federal courts this writ is issued by the supreme court of the united states to a lower court to review that court s judgment for legal error or when no other avenue for appeal is available 4