Writ
A formal written order issued by a court commanding someone to do or stop doing a specific act.
A writ is a formal written order from a court that commands a person, organization, or government body to perform a specific act or to stop doing something. Writs are among the oldest tools in the legal system.
Common types of writs you may encounter in Minnesota:
- Writ of certiorari: An order from a higher court directing a lower court or government agency to send up the record of a case for review. The Minnesota Supreme Court uses this to decide which Court of Appeals cases it will review.
- Writ of habeas corpus: An order requiring that a person being held in custody be brought before the court so the court can determine whether the detention is lawful. This is a fundamental protection against unlawful imprisonment.
- Writ of execution: An order directing a sheriff or other officer to enforce a court judgment, often by seizing property to satisfy a money judgment.
- Writ of mandamus: An order commanding a government official to perform a duty they are legally required to carry out.
Writs are typically used in situations where ordinary motions or appeals are not sufficient or available. They carry the full authority of the court, and disobeying a writ can result in contempt of court.
Example: After winning a $10,000 judgment and the defendant refuses to pay, the plaintiff asks the court to issue a writ of execution. The sheriff then has the authority to seize the defendant’s bank account funds or other property to satisfy the judgment.
In appeals, enforcement actions, and situations where a court directs a government official or lower court to take specific action.