Writ

What writ means

Put simply, writ is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where writ comes up

For example, the term appears in these procedures:

• Writ of Execution (Enforcing a Money Judgment) (Fed. R. Civ. P. 69(a)): the court process used to enforce a money judgment.
• Petition for Writ of Mandamus (28 U.S.C. §§ 1361, 1651(a); Fed. R. App. P. 21(a); Fed. R. Civ. P. 81(b)): a request asking a higher court to order a lower court, or asking a court to order a government officer, to perform a clear, non-discretionary duty. Mandamus is an extraordinary remedy, used only when there is no other adequate way to get relief.
• Petition for Writ of Habeas Corpus (28 U.S.C. §§ 2241, 2243, 2244(d), 2254, 2255): a petition asking a court to order the release of a person held in custody in violation of the Constitution or laws or treaties of the United States. A habeas petition is generally a civil case, separate from the criminal case; a federal prisoner's § 2255 motion is instead filed with the court that imposed the sentence.
• Petition for Writ of Certiorari (28 U.S.C. §§ 1254(1), 1257(a), 2101(c); Sup. Ct. R. 10, 13, 14): a petition asking the Supreme Court of the United States to review a lower court's decision. Review is discretionary: the Court decides which cases to hear. Many state high courts have similar discretionary review under their own rules.

How to research the term

Start with the primary source. For example, if writ appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read writ in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Judgment creditor: a party who is owed money under a judgment.
• Judgment debtor: a party who owes money under a judgment.
• Garnishment: a process for collecting a judgment from money a third party owes the debtor, such as wages. Procedures are set largely by state law.
• Instrument: a formal written legal document, such as a deed, will, contract or promissory note. In UCC Article 3, "instrument" means a negotiable instrument (UCC § 3-104(b)), and UCC Article 9 has its own broader definition (UCC § 9-102(a)(47)).
• Petition: a formal written request to a court or other official body.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.