Legal Definitions - writ of error

A writ of error is a legal term that refers to a document issued by an appellate court. The document demands that a lower court sends the record of a case to the appellate court for review. The purpose of the review is to determine if there were any errors of law committed during the legal proceedings.

For example, if a person is convicted of a crime and they believe that the judge made a mistake during the trial, they can file a writ of error. The appellate court will then review the case to determine if there were any errors of law that affected the outcome of the trial.

In civil cases, the writ of error has been abolished by Rule 60 of the Federal Rules of Civil Procedure. However, in criminal cases, the writ of error is still available but is rarely used. Instead, a post-conviction remedy called 28 U.S.C. § 2255 is used.

Overall, a writ of error is a legal document that allows a higher court to review the legal proceedings of a lower court to determine if there were any errors of law.