Legal Definitions - writ of trial

A writ of trial is a legal term used in English law. It refers to a writ that orders an action brought in a superior court to be tried in an inferior court or before the undersheriff. This writ was introduced by the Civil Procedure Act of 1835.

For example, if a case was brought before a superior court, but the parties involved wanted it to be tried in a lower court, they could request a writ of trial to make that happen.

However, the writ of trial was replaced by the County Courts Act of 1867, which allowed defendants in certain cases to obtain an order that an action is to be tried in a county court.

For instance, if a defendant wanted their case to be tried in a county court instead of a superior court, they could request an order under the County Courts Act of 1867.

Overall, the writ of trial was a legal tool used to transfer cases from a superior court to an inferior court or before the undersheriff. It was later replaced by the County Courts Act of 1867, which provided defendants with more options for where their case could be tried.