Capias ad respondendum
Encyclopedia
In the common law
legal systems, capias ad respondendum (Latin
: "that you may capture [him] in order for him to reply") is or was a writ
issued by a court to the sheriff of a particular county to bring the defendant
, having failed to appear, to answer a civil action against him.
Under the American legal system, this writ was replaced by the practice of serving process directly to the person of the defendant in order to compel him to appear before the court to establish in personam
jurisdiction over him according to his rights under the Due Process Clause of the Fourteenth Amendment
. "But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.'"
In the United Kingdom, this writ was abolished by the Crown Proceedings Act 1947
which came into effect on January 1, 1948.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal systems, capias ad respondendum (Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
: "that you may capture [him] in order for him to reply") is or was a writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
issued by a court to the sheriff of a particular county to bring the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, having failed to appear, to answer a civil action against him.
Under the American legal system, this writ was replaced by the practice of serving process directly to the person of the defendant in order to compel him to appear before the court to establish in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
jurisdiction over him according to his rights under the Due Process Clause of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. "But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.'"
In the United Kingdom, this writ was abolished by the Crown Proceedings Act 1947
Crown Proceedings Act 1947
The Crown Proceedings Act 1947 is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party...
which came into effect on January 1, 1948.