Scire facias

1.

(Law) A judicial writ, founded upon some record, and requiring the party proceeded against to show cause why the party bringing it should not have advantage of such record, or (as in the case of scire facias to repeal letters patent) why the record should not be annulled or vacated.

Noun

1.

scire facias - a judicial writ based on some record and requiring the party against whom it is brought to show cause why the record should not be enforced or annulled

SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the "advantage of such record; or, when it is issued to repeal letters-patent, why the record should not be annulled and vacated. 3 Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr. h.t.
     2. It is, however, considered as an action, and in the nature of a new original. Skin. 682; Com. 455.
     3. The scire facias against a bail, against pledges in replevin, to repeal letters-patent, or the like, is an original proceeding; but when brought to revive a judgment after a year and a day, or upon the death or marriage of the parties, when in the latter case one of them is a woman; or when brought on a judgment quando, &c., against an executor, it is but a continuation of the original action. Vide 1 T. R. 388. Vide generally, 11 Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h.t. 2 Saund. 72 e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h.t.

judicial writ, jurisprudence, law, writ