scire facias

scire facias
/sayriy feysh(iy)as/ A judicial writ, founded upon some matter of record, such as a judgment or recognizance and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record, or (in the case of a scire facias to repeal letters patent) why the record should not be annulled and vacated. The name is used to designate both the writ and the whole proceeding. City of St. Louis v. Miller, 235 Mo.App. 987, 145 S.W.2d 504, 505.
A judicial writ directing a debtor to appear and show cause why a dormant judgment against him should not be revived. The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special bail on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. Under current rules practice in most states, this writ has been abolished; e.g. Mass.RCivil P. 81. A legal, as opposed to equitable, form of judicial foreclosure. After mortgagor default, the mortgagee obtains a writ of Scire Facias, which is an order to show cause why the mortgaged property should not be sold to satisfy the mortgage debt. If mortgagee prevails, the court will issue a writ of levari facias directing an execution sale of the mortgaged real estate

Black's law dictionary. . 1990.

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  • scire facias — sci·re fa·ci·as / sī rē fā shē əs, shəs, shē ˌas; skē rā fä kē ˌäs/ n [Medieval Latin, you should cause to know] 1: a judicial writ founded upon some matter of record and requiring the party proceeded against to show cause why the record should… …   Law dictionary

  • Scire facias — Sci re fa ci*as (s[imac] r[ e] f[=a] sh[i^]*[a^]s). [L., do you cause to know.] (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… …   The Collaborative International Dictionary of English

  • scire facias — [sī′rē fā′shē as΄] n. [ME < L, that you cause to know] Law 1. a writ, founded on a record, requiring the person against whom it is issued to appear and show cause why the record should not be enforced or annulled 2. a proceeding begun by… …   English World dictionary

  • Scire facias — In English law, a writ of scire facias (from the Latin meaning to cause to be known ) was a writ founded upon some judicial record directing the sheriff to make the record known ( scire facias ) to a specified party, and requiring that defendant… …   Wikipedia

  • scire facias — noun Etymology: Middle English, from Medieval Latin, you should cause to know Date: 15th century 1. a judicial writ founded on some matter of record and requiring the party proceeded against to show cause why the record should not be enforced,… …   New Collegiate Dictionary

  • scire facias — /suy ree fay shee as /; Lat. /skee rdde fah kee ahs /, Law. 1. a writ requiring the party against whom it is brought to show cause why a judgment, letters patent, etc., should not be executed, vacated, or annulled. 2. a judicial proceeding… …   Universalium

  • scire facias — A writ of statutory origin (13 Edward I, chapter 45) used both as an original writ to obtain a judgment where none has before existed and as a writ of execution or continuation of a judgment previously entered. 47 Am J1st Sc F §§ 3, 4. A writ… …   Ballentine's law dictionary

  • scire facias quare restitutionem non — /sayriy feysh(iy)as kweriy restat(y)uwshiy6wnam non/ This writ lies where execution on a judgment has been levied, but the money has not been paid over to the plaintiff, and the judgment is afterwards reversed in error or on appeal; in such a… …   Black's law dictionary

  • scire facias — document which requires a party to show cause as to why a judgment should not be carried out (Latin) …   English contemporary dictionary

  • scire facias — [ˌsʌɪri: feɪʃɪas] noun US Law a writ requiring a person to show why a judgement regarding a record or patent should not be enforced or annulled. Origin L., lit. let (the person) know …   English new terms dictionary

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