Scire facias
Encyclopedia
In English law
, a writ
of scire facias (from the Latin meaning, literally "let them/him/us know") was a writ
founded upon some judicial record directing the sheriff
to make the record known (scire facias) to a specified party, and requiring that defendant
to show cause
why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent
and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.
.
, and the defendant
could plead his defense as in an action. They were analogous to quo warranto
proceedings.
In 1684, the royal charter
of the Massachusetts Bay Colony
was rescinded by a writ of scire facias for the Colony's interference with the royal prerogative
in founding Harvard College
and other matters.
By the beginning of the twentieth century, the writ was of little practical importance. Its principal uses were to compel the appearance of corporations aggregate in revenue suits, and to enforce judgments against shareholder
s in companies regulated by the Companies Clauses Act 1845, or similar private act
s, and against garnishees in proceedings in foreign attachment
in the Lord Mayor's Court. It was not used in Scottish law.
Proceedings by scire facias to repeal letters patent for inventions were abolished by the Patents, Designs and Trademarks Act 1883, and a petition to the court substituted.
The writ was abolished on 1 January 1948 by the Crown Proceedings Act 1947
.
may not be the sole method to remove a federal judge
from office, pointing to scire facias as an alternative. The actual writ of scire facias has been abolished in the Federal district courts by Rule 81(b) of the Federal Rules of Civil Procedure
, but the rule still allows for granting relief formerly available through scire facias by prosecuting a civil action.
Under the law of many states, Arkansas, Georgia, New Hampshire, Tennessee, and Texas for example, an action in scire facias may be used to revive a dormant judgment if brought in a timely fashion. An action on debt, reciting that the dormant judgment remains unpaid, may be used for the same purpose. The defendant of the scire facias writ would generally need to prove that the debt was paid in order for the court to invalidate the writ. See O.C.G.A. § 9-12-61; Texas Civil Practice & Remedies Code § 31.006.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, 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...
of scire facias (from the Latin meaning, literally "let them/him/us know") 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...
founded upon some judicial record directing the sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
to make the record known (scire facias) to a specified party, and requiring that 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...
to show cause
Order to show cause
An order to show cause, in most Anglo-Saxon law systems, is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to...
why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.
History
The writ of scire facias was created in 1285 during the 13th year of the reign of Edward I by the English Parliament in the Second Statute of Westminster. The writ of quo warranto was created during this same period. The writ of scire facias "is in nature a bill in Chancery" which meant that it would be issued solely by a court of equityCourt of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
.
Procedure
Proceedings in scire facias were regarded as a form of actionForm of action
The forms of action were the different procedures by which a legal claim could be made in the early history of the English common law. While in modern English law, as in most other legal systems, the focus is on the substance underlying an action, such as the existence of a legal right, in the...
, and 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...
could plead his defense as in an action. They were analogous to quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
proceedings.
In 1684, the royal charter
Royal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
of the Massachusetts Bay Colony
Massachusetts Bay Colony
The Massachusetts Bay Colony was an English settlement on the east coast of North America in the 17th century, in New England, situated around the present-day cities of Salem and Boston. The territory administered by the colony included much of present-day central New England, including portions...
was rescinded by a writ of scire facias for the Colony's interference with the royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
in founding Harvard College
Harvard College
Harvard College, in Cambridge, Massachusetts, is one of two schools within Harvard University granting undergraduate degrees...
and other matters.
By the beginning of the twentieth century, the writ was of little practical importance. Its principal uses were to compel the appearance of corporations aggregate in revenue suits, and to enforce judgments against shareholder
Shareholder
A shareholder or stockholder is an individual or institution that legally owns one or more shares of stock in a public or private corporation. Shareholders own the stock, but not the corporation itself ....
s in companies regulated by the Companies Clauses Act 1845, or similar private act
Local and Personal Acts of Parliament in the United Kingdom
Local and Personal Acts of Parliament are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a Public General Act of Parliament which applies to the entire community...
s, and against garnishees in proceedings in foreign attachment
Foreign attachment
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of...
in the Lord Mayor's Court. It was not used in Scottish law.
Proceedings by scire facias to repeal letters patent for inventions were abolished by the Patents, Designs and Trademarks Act 1883, and a petition to the court substituted.
The writ was abolished on 1 January 1948 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...
.
U.S. significance
Some American legal scholars have suggested that impeachmentImpeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
may not be the sole method to remove a federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
from office, pointing to scire facias as an alternative. The actual writ of scire facias has been abolished in the Federal district courts by Rule 81(b) of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, but the rule still allows for granting relief formerly available through scire facias by prosecuting a civil action.
Under the law of many states, Arkansas, Georgia, New Hampshire, Tennessee, and Texas for example, an action in scire facias may be used to revive a dormant judgment if brought in a timely fashion. An action on debt, reciting that the dormant judgment remains unpaid, may be used for the same purpose. The defendant of the scire facias writ would generally need to prove that the debt was paid in order for the court to invalidate the writ. See O.C.G.A. § 9-12-61; Texas Civil Practice & Remedies Code § 31.006.