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Legal Definitions - praecipe

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Definition of praecipe

Praecipe is a type of writ that commands or prompts some sort of action. The word comes from the Latin word praecipio, which means "I command (or order) [this]."

  • A praecipe can be used to command a defendant to perform an act or to show why they should not perform that act.
  • A praecipe can also be used to request that the court perform an action, such as entering a judgment or setting a trial date, and that the clerk of the court issue a writ for it.

For example, if someone is being sued and the plaintiff wants the court to order the defendant to do something, they can file a praecipe. Or, if a party wants the court to schedule a hearing or trial, they can file a praecipe requesting that action.

The Latin term "praecipe" is also used in other legal terms, such as praecipe in capite, praecipe quod faciat, praecipe quod permittat, and praecipe quod reddat.

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Simple Definition

A praecipe is a type of legal document that tells someone to do something or explains why they should not do something. It comes from a Latin word that means "I command (or order) [this]." In the United States, praecipes are used to make a defendant do something or to ask the court to do something, like set a trial date or enter a judgment. The word "praecipe" is also used in other legal terms.

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