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Thread: Praecipe Forms

  1. #1
    amethyst11 Guest

    Question

    i was wondering what a praecipe from means. i just got a letter from my ex's lawyer and i don't understand the meaning. i'm in virginia.

  2. #2
    Ambr is offline Senior Member
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    It means that you need to obtain an attorney or file a response to his motion (paper) yourself. It's asking for a response through court.



    The legal definition:


    Medieval Latin precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin praecipe, imperative of praecipere to give rules or precepts, admonish, enjoin

    : a written request for an action (as the issuing of a writ of execution) from a party to a clerk of a court or sometimes to a judge
    Example: filed a praecipe for the writ of scire facias
    Example: shall issue upon praecipe of the plaintiff
    Note: When addressed to a clerk, a praecipe is usu. a request for some action that does not require immediate judicial review, such as the issuing of a subpoena or the preparing of a record for appellate review. When addressed to a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do something (as to release land being withheld from another).

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