What Is a Writ?

A writ is a formal legal document that orders a person or group to do something or stop doing something. It is issued by a court or other official authority that has the power to enforce laws. Writs are often used after a court has made a decision, allowing that decision to be carried out.

There are many types of writs, such as:

Expert Help is Just a Click Away: Criminal Immigration Lawyer

• Summonses

• Writs of execution

• Writs of habeas corpus

• Warrants

• Subpoenas

Key Points

• A writ is an official order from a court.

• It can tell someone to take action or to stop doing something.

• Courts and other authorities have the power to issue writs.

• Warrants and subpoenas are two of the most common types.

How Writs Work

Writs have their roots in English common law and were originally issued by monarchs. In the past, they were written commands sealed with a royal mark. Some were made public, while others were only for the people named in the document.

Today, writs are still used to:

• Order actions by individuals or government agencies

• Give instructions from one court to another

• Enforce rights or prevent actions

• Help people appeal decisions

• Let officials seize property, sometimes even before a case is decided

Types of Writs

Here are some common writs:

• Warrant: Allows law enforcement to search property, arrest someone, or carry out a court-ordered action. For example, a search warrant or an arrest warrant.

• Subpoena: Orders someone to appear in court or provide documents or other evidence.

• Writ of Execution: Lets authorities take property from one person and give it to another to satisfy a court judgment. For example, selling a debtor’s property to pay a creditor.

• Writ of Seizure and Sale: Gives a creditor the right to take and sell a borrower’s property if they fail to pay a debt.

• Writ of Habeas Corpus: Requires an official to bring a detained person to court to decide if the detention is legal. This protects people from being held without charges.

• Writ of Certiorari: Used by the U.S. Supreme Court to review decisions from lower courts when no other appeals are possible.

Note: Today, some legal actions that once required a writ can now be done through regular lawsuits or motions in civil court.

Real-Life Example of a Writ

Imagine a person wins a court case and is awarded money. If the person who lost the case doesn’t pay, the court can issue a writ of execution. This writ lets a court official take the person’s property and sell it to pay the winner.

In another case, a creditor can ask the court for a writ of seizure and sale to take a borrower’s property after they fail to make payments. The property is then sold, and the money goes to the creditor.

Where Does the Word “Writ” Come From?

The word comes from Old English, where it simply meant “something written.” It is related to the word “write.”

History of Writs

Writs began in medieval England as a way for the King’s court to settle disputes over land and other matters. Over time, they became a key tool for legal decisions and orders.

Use of Writs in U.S. Law

The United States inherited the writ system from England. In 1798, Congress passed the All Writs Act, which allows federal courts to issue writs when needed to support their duties. Although writs are not used as often in civil cases today, courts still use them to issue important orders like injunctions or emergency actions. The writ of habeas corpus continues to be a vital part of protecting legal rights.

Check out this helpful resource for more information: https://mandamus.com/2025/03/18/understanding-marbury-v-madison/

You may find this article especially insightful: https://theanimallawcenter.com/2025/04/22/the-role-of-judicial-review-in-government-accountability/

Explore this post that complements what you just read: https://writofmandamus.com/negotiating-with-doj-attorneys-for-a-faster-resolution/