We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What does "Praecipe" Mean?

Mary McMahon
By
Updated May 16, 2024
Our promise to you
MyLawQuestions is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At MyLawQuestions, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject-matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A praecipe is a legal writ issued either to the clerk of a court or to a person in whom the court has an interest. The writ contains a command with details about the specifics of the situation, and a copy is filed with the court, along with the rest of the record pertaining to a particular case. These writs can be used in a number of different ways, and people interacting with a court may be familiar with them.

In the first sense, the praecipe is an order issued to the clerk, asking the clerk in turn to issue another legal order. It can be provided to the clerk by the judge or by a party to the case. Examples include an order to generate a subpoena or enforce a judgment. The clerk reads over the praecipe, notes the details, and generates a court order to meet the requirements. For example, a judge can ask a clerk to generate a legal order authorizing the repossession of a person's property to satisfy the terms of a debt judgment.

The praecipe can also take the form of a legal writ ordering a person to do something and noting that in the event of noncompliance, the person needs to appear in court to explain why the order was not followed. People who receive such documents can review them with an attorney and decide on the course of action to take. Someone can refuse an order on the grounds it is illegal or confusing, for example, or can provide evidence showing how it would be impossible to comply with the order as written.

Like other legal orders, a praecipe is written in precise, formal language to avoid confusion. Doubt about the wording could introduce legal tangles, such as confusion about who is supposed to comply with the order or a lack of clarity about the terms. Many people use basic forms to generate a praecipe to make sure they will include all the necessary information and will use the correct terminology. In the case of orders from parties in a case given to a clerk of the court, the attorneys representing those parties usually draft the form to ensure correctness and completeness.

People interested in the orders and other records surrounding a case can consult the archives of the court to collect information, as long as they know the case number. It is helpful to know when the case was held and which judge oversaw it, as this may be useful for the archivist when locating the documents. Many courts have electronic recordkeeping systems and recent cases may be available remotely via the court's website.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a MyLawQuestions researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments
Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.