# Understanding Legal Writs: Definitions, Types, and Practical Examples

![Writ: A legal document ordering a person or entity to perform or to cease performing a specific action or deed.](https://www.investopedia.com/thmb/RPQe-ywma3UH0mUni3jND1mLolg=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/Writ_final-b2da57a349dc41bf83454e13c93a78a1.png)

*— Investopedia / Michela Buttignol*

## What Is a Writ?

Writs are formal legal documents that compel action or inaction from an individual or entity based on judicial or administrative authority. Originating from English common law, these writs can take forms such as warrants and subpoenas, providing a mechanism to execute judgments, compel evidence production, or enforce court rulings. In modern law, they facilitate actions like property seizures and uphold rights through documents like writs of habeas corpus.

### Key Takeaways

*    A writ is a formal legal document that orders someone to perform or cease a specific action.
*   Writs are commonly drafted by judges or courts and have their roots in English common law.
*   Types of writs include warrants, subpoenas, writs of execution, and writs of habeas corpus.
*   Modern writs can direct actions from one court to another or give extraordinary relief in court cases.

## Understanding the Function and Purpose of Writs 

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](https://www.investopedia.com/terms/c/common-law.asp) 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](https://www.investopedia.com/terms/c/conveyance.asp). 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.

Writs 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. Today, courts use writs to provide special relief or allow appeals of decisions. They also grant officials, like sheriffs, the power to seize property, sometimes even before a [judgment](https://www.investopedia.com/terms/w/writ-of-attachment.asp).

## Exploring Different Types of Writs in Law 

Any direct order that is issued under authority is a writ. Warrants and [subpoenas](https://www.investopedia.com/terms/s/subpoena.asp) are two common types of writs. A warrant, issued by a judge or magistrate, allows law enforcement like sheriffs or police officers to search a person or property, often called 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 forces a witness to testify or requires someone to [produce evidence](https://www.investopedia.com/terms/p/probable-cause.asp). 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.

> **Important**
>
> 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.

## Real-World Examples of Writs in Legal Practice 

A 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](https://www.investopedia.com/terms/c/cash.asp).

Another example of a writ is the [writ of seizure and sale](https://www.investopedia.com/terms/w/writofseizureandsale.asp). 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](https://www.investopedia.com/terms/c/creditor.asp) who is allowed to seize property from a borrower when the latter defaults on their financial [obligation](https://www.investopedia.com/terms/o/obligation.asp). 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. These writs are useful when people are imprisoned for long periods of time before they're actually convicted or charged with a crime. U.S. federal courts use the writ of certiorari. 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.

## Where Does the Word "Writ" Come From?

The etymology of the word _writ_ comes from Old English, as a general term denoting written matter, which is itself from the Old Germanic base of "write" (_gewrit_).

## Where Did Writs Originate?

Writs developed in the middle ages in England, originally for the King's court to settle land ownership and title disputes or lodge complaints against landowners.

## How Are Writs Used in American Law?

Initially, the American government adopted the writ system it inherited from the British. In 1798, Congress passed the All Writs Act, which authorized the United States federal courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." A 1938 Supreme Court ruling greatly curtailed the widespread use of writs in civil cases, though courts today may still use writs to issue [injunctions](https://www.investopedia.com/terms/i/injunction.asp). Note also that the writ of _habeas corpus_, usually used to test the legality of a prisoner's detention, continues to exist.

## The Bottom Line

Writs serve as vital legal instruments within the judicial system, empowering courts or authorities to direct specific actions or stop ongoing activities. Originating from English common law, writs continue to play a crucial role in both administrative and judicial contexts, especially in the issuance of warrants and subpoenas. Present-day writs provide extraordinary relief, facilitate appeals, and authorize actions such as property seizure in enforcement of court judgments. Understanding the different types of writs, from habeas corpus to certiorari, enhances one's navigation through legal processes and can be instrumental in ensuring justice and fairness within the legal system.

> **Article Sources**
>
> 1.  Matthew Dyson and David Ibbetson, eds. ["Law and Legal Process: Substantive Law and Procedure in English Legal History,](https://www.cambridge.org/core/books/law-and-legal-process/F828E5A07424BF834CD5C2A46BFDDBF3)" Pages 77-79, 87-89. Cambridge University Press, 2013.
>     
> 2.  Cornell University, Legal Information Institute. "[Habeas Corpus](https://www.law.cornell.edu/wex/habeas_corpus)."
>     
> 3.  Cornell University, Legal Information Institute. "[Certiorari](https://www.law.cornell.edu/wex/certiorari)."
>     
> 4.  United States Legal Code. "[Title 28: Writs (28 U.S.C. § 1651)](https://www.law.cornell.edu/uscode/text/28/1651)."
>     
> 5.  U.S. Federal Courts. "[Federal Rules of Civil Procedure](https://www.uscourts.gov/sites/default/files/civil-rules-procedure-dec2017_0.pdf)." Page 83.