Capias Ad Respondendum

Legal Definition and Related Resources of Capias ad respondendum

Meaning of Capias ad respondendum

A writ commanding the sheriff to take the body of the defendant, if he may be found in his bailiwick or county, and him safely keep, so that he may have him in court on the day of the return to answer to the plaintiff of a plea of debt, trespass, etc., as the case may be. 97 111. 236. This is the writ of capias which is generally intended by the use of the word capias, and was formerly a writ of great importance. For some account of its use and value, see “Arrest;” “Bail.” According to the course of the practice at common law, the writ bears teste, in the name of the chief justice, or presiding judge of the court, on some day in term time, when the judge is supposed to be present, not being Sunday, and is made returnable on a regular return day. If the writ has been served, and the defendant does not give bail, but remains in custody, it is returned C. C. (cepi corpus) ; if he have given bail, it is returned C. C. B. B. (cepi corpus, bail bond) ; if the defendant”s appearance has been accepted, the return is, “C. C, and defendant”s appearance accepted.” See 1 Archb. Prac. 67.

What does Capias Ad Respondendum mean in American Law?

The definition of Capias Ad Respondendum in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Once a very common writ for securing prior to trial, the attendance of a defendant to answer many civil and some criminal charges. While capias early was replaced by warrant in criminal actions, it lingered much later in civil practice and, under various names (e.g., civil arrest), still exists today under extraordinary circumstances. Until the early nineteenth century, it was the writ by which an ordinary action at law was commenced when injury by force was involved, or when the defendant had failed previously to appear, and was frequently just called “a capias” and abbreviated “ca. resp.” Under most circumstances the defendant was ordinarily not really kept in custody, but forced merely to appear and post bail.

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This definition of Capias Ad Respondendum Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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