We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Are Court Writs?

By C. Mitchell
Updated Feb 24, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Court writs are written court orders that compel some certain action. Some court writs are directed at individuals, while others target other courts. Court writs are facets of English common law, and are commonly used throughout Great Britain and other commonwealth countries, including Canada, Australia, and India. Writs are also used under United States law.

Originally, obtaining a court writ was the only way to beginning a lawsuit. In old English courts, one who wished to bring an action had to petition the court for a hearing, the court had to issue a writ, and the writ served as a sort of permission to present the case. Writs do not work this way anymore. Today, lawsuits are begun simply by filing a motion or complaint. The court’s permission is not required for filing, so long as all court rules are followed.

In the present day, courts use writs as a way of enforcing court rules and compelling swift movement of trials. Many of the most familiar court writs involve orders against people. An arrest warrant is a writ, for instance. Warrants are always granted by the court and essentially require that a certain person be arrested and tried for a named crime. A writ of restitution, which is commonly used as a means of eviction, compels local law enforcement to evict named tenants on order of the court.

Subpoenas are also court writs. Courts will issue subpoenas to critical witnesses in a trial to compel them to appear and testify. A person who ignores a subpoena will usually be held in contempt of court, which can lead to obstruction of justice charges and even incarceration in some jurisdictions.

A writ of habeas corpus, Latin for “to have the body,” is a procedural remedy frequently applied in criminal law cases. A court will issue a writ of habeas corpus in order to investigate whether a prisoner was lawfully tried, and whether the conditions of his or her incarceration are legal. Most of the time, this involves the prisoner being brought into court and the original trial evaluated. A writ proceeding is not the same as a re-trial, as the issuing court is only looking for errors or oversights, not facts and truths.

Court writs may also be issued to other, typically lower, courts. Writs of mandamus are used to compel lower courts to remedy a faulty prior ruling. When a court reverses and remands a decision — that is, when a reviewing court sends a decision back for revision — the court is issuing a writ of mandamus. Writs of prohibition are used to cease litigation in multiple courts at once, or to prohibit one court from infringing on another’s jurisdiction. Related writs of error are used to bring mistakes in published opinions to the drafting court's attention.

Perhaps the best known of the court writs is the writ of certiorari, which a country’s highest court may use to review otherwise final rulings. When a Supreme or High Court grants a writ of certiorari, it is agreeing to hear arguments about whether or not a decision was decided correctly. Most of the time, arguments focus on a certain issue or legal interpretation. Unlike with a writ of mandamus, the lower court in a certiorari situation will not have a chance to revisit or retry the case itself. The final court’s ruling becomes the governing law.

Different kinds of court writs exist in different jurisdictions, and national laws interpret and apply the rules surrounding writs in a variety of ways. Some places allow judicial writs as well as court writs. A judicial writ is sometimes the same as a court order, but usually originates with a judge or other judicial officer acting in a professional capacity, rather than acting on behalf of the court. In all cases, though, writs are final, binding, and must be followed. Penalties almost always attach to unexecuted or poorly followed writs.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.