Scire facias facts for kids

A scire facias (pronounced SY-ree FAY-shuss) was an old type of legal paper, or writ, used in English law. Its name comes from Latin and means "make known." This writ was like a special message from a court. It told a sheriff to let someone know about a court record. It also asked a person (the defendant) to explain why they shouldn't have to follow what the record said. Sometimes, it was used to ask why official documents, like letters patent (which give rights to inventors), shouldn't be canceled. In the United States, this old writ is mostly gone from federal law. However, some states still use it for certain legal situations.

History of the Scire Facias

The scire facias writ was first created a long time ago in England. This happened in the year 1285, during the rule of Edward I of England. The English Parliament made this new legal tool as part of a law called the Second Statute of Westminster. Another important writ, called quo warranto, was also created around the same time.

How the Writ Worked

When a scire facias was used, it was treated like a regular legal case. The person receiving the writ (the defendant) could explain their side, just like in other court actions.

One famous example happened in 1684. The official permission (royal charter) for the Massachusetts Bay Colony was taken away. This happened because the colony had interfered with the king's power. One reason was their role in starting Harvard College.

By the early 1900s, the scire facias writ was not used very often. It was mainly used to make companies appear in court for tax cases. It was also used to make shareholders pay up if a company owed money. This writ was never used in Scottish law.

Later, in 1883, the way to cancel patents changed. The scire facias writ was no longer used for this purpose. Instead, people had to make a special request to the court.

Finally, the scire facias writ was officially ended in England on January 1, 1948. This happened because of a new law called the Crown Proceedings Act 1947.

Scire Facias in the U.S.

In the United States, the scire facias writ has mostly been stopped in federal courts. This happened because of a rule called Rule 81(b) of the Federal Rules of Civil Procedure. However, this rule still allows courts to provide the same kind of help that the scire facias writ used to offer. They do this by using a regular civil action (a lawsuit).

Even though it's mostly gone federally, some U.S. states still use a form of scire facias. For example, in states like Arkansas, Georgia, New Hampshire, Tennessee, and Texas, it can be used to "wake up" an old court decision (a judgment) that has become "dormant" (meaning it's no longer actively enforced). If someone owes money from an old court case, a scire facias can be used to make that debt active again. The person who owes the money would then need to prove they already paid it to stop the writ.

See also

• Reexamination