Legal Definitions - scire facias

Definition: Scire facias is a legal term that refers to a writ, or court order, that requires a person to appear in court and show cause why a matter of record should not be annulled or vacated, or why a dormant judgment against that person should not be revived. It is abbreviated as "sci. fa."

Examples:

• An amicable scire facias is a written agreement in which a person against whom a revival of an action is sought agrees to the entry of an adverse judgment.
• A scire facias ad audiendum errores was a common-law writ that allowed a party who had assigned error to compel the opposing party to plead.
• A scire facias sur mortgage was a writ ordering a defaulting mortgagor to show cause why the mortgage should not be foreclosed and the property sold in execution.

These examples illustrate how scire facias can be used in different legal contexts, such as reviving a judgment, compelling a party to plead, or foreclosing a mortgage. In each case, the writ requires the person against whom it is issued to appear in court and show cause why a certain action should not be taken.