In the Supreme Court, in which review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari.

There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.

§ 68 VwVGO rules the preliminary proceeding, called “ Vorverfahren ” or “ Widerspruchsverfahren ”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed.

In respect of the High Court, historically a writ of latitat would have been issued, but now a bench warrant is issued, authorizing the tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit.

Although there is no writ of habeas corpus or bail, the maximum period of pre-trial detention has been reduced to four days.

(; Latin: " you must present the person in court ") is a writ ( legal action ) which requires a person under arrest to be brought before a judge or into court.

A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order ; it is addressed to the custodian ( a prison official for example ) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person.

One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

The writ of habeas corpus is one of what are called the " extraordinary ", " common law ", or " prerogative writs ", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom.

The writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum.

It is sometimes described as the “ great writ ”.

The word habeas in the writ is in the subjunctive ( specifically the volitive subjunctive ): " We command that you have ...".

The full name of the writ is often used to distinguish it from similar ancient writs, also named habeas corpus.

Blackstone explained the basis of the writ, saying " The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.

The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined.

However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued.

The writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance.

Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.

The writ petition is not maintainable when a remedy provided for under the Code of Civil Procedure is available.

In the United States, certiorari is most often seen as the writ that the Supreme Court of the United States issues to a lower court to review the lower court's judgment for legal error ( reversible error ) and review where no appeal is available as a matter of right.

Relief formerly available by a writ is now normally available by a lawsuit ( civil action ) or a motion in a pending civil action.

* Some courts have held that in rare circumstances in a federal criminal case, a United States district court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.

* A writ of coram nobis corrects a previous error " of the most fundamental character " to " achieve justice " where " no other remedy " is available, e. g., when a judgment was rendered without full knowledge of the facts.

) is a legal writ issued by a court to correct a previous error " of the most fundamental character " to " achieve justice " where " no other remedy " is available.

The writ was available for a creditor against a surety on the default of the principal debtor.

In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.

The actual writ of scire facias has been abolished in the Federal district courts by Rule 81 ( b ) of the Federal Rules of Civil Procedure, but the rule still allows for granting relief formerly available through scire facias by prosecuting a civil action.

" As the remedy of the writ of scire facias was available in every one of the colonies, its efficacy as a deterrent against abuse of judicial office was assumed rather than debated.

In this essay, we are, along with most historians, interested in the more general or more inclusive ideas, that are so to speak `` writ large '' in history of literature where they recur continually.

All the earliest English criminal trials involved wholly extraordinary and arbitrary courts without any settled law to apply, whereas the civil ( delictual ) law operated in a highly developed and consistent manner ( except where a King wanted to raise money by selling a new form of writ ).

* Habeas corpus ad deliberandum et recipiendum: a writ for bringing an accused from a different county into a court in the place where a crime had been committed for purposes of trial, or more literally to return holding the body for purposes of “ deliberation and receipt ” of a decision.

Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case ( 1772 ), where the black slave Somersett was ordered to be freed.

And Charles Stuart, eldest son of the late King, being informed of these transactions, left the Spanish territories where he then resided, and by the advise of Monk went to Breda, a town belonging to the States of Holland: from when he sent his letters and a declaration to the two House by Sir John Greenvil ; whereupon the nominal House of Commons, though called by a Commonwealth writ in the name of the Keepers of the Liberties of England, passed a vote about April 25, 1660, ' That the government of the nation should be by a King, Lords and Commons, and that Charles Stuart should be proclamed King of England.

Originally, notice ( and power ) manifested more viscerally, where the defendant in a civil case could be seized and brought before the court under the writ of capias ad respondendum.

It is still common for Californians to bring " taxpayer actions " against public officials for wasting public funds through mismanagement of a government agency, where the relief sought is a writ of mandate compelling the official to stop wasting money and fulfill his duty to protect the public fisc.

A man alleged to be a soldier in the Maryland State Militia was detained in Fort McHenry, and Judge Giles in Baltimore issued a writ of habeas corpus, but the fort's commander, Major W. W. Morris, wrote in reply, " At the date of issuing your writ, and for two weeks previous, the city in which you live, and where your court has been held, was entirely under the control of revolutionary authorities.

Taney promptly issued a writ of habeas corpus for Merryman demanding that General George Cadwalader, the commander of Fort McHenry, where Merryman was being held, bring Merryman before him the next day.

* A writ of ne exeat republica ( a / k / a " writ of ne exeat ") restrains defendant who attempts to flee the country where he or she is being tried.

Thus the writ is issued in both cases where there is excess of jurisdiction and where there is absence of jurisdiction ( S. Govind Menon vs. union of India, AIR 1967 SC 1274 ).

After the failure of attempts to publish the work in France, Germany, or Poland, it was picked up by Lodewijk Elzevir in Leiden, The Netherlands, where the writ of the Inquisition was of little account ( see House of Elzevir ).

Although the writ was later overturned by the state Supreme Court, his action postponed the execution date long enough to permit the defendants to seek habeas corpus relief in Federal court, where U. S. District Judge Jacob Trieber issued another writ.

A sense of the dangerous " otherness " of the marches, where the king's writ did not run, as seen from the secure cultural home ground in feasting hall or palace, is suggested in Beowulf by the lakeside marsh of the monstrous Grendel: " the fell and fen his fastness was, the march his haunt ".

The phrase has also traditionally been used in the captions of petitions for the writ of habeas corpus, which were ( and in some jurisdictions, still are ) styled as " Ex parte Doe ", where Doe was the name of the petitioner who was alleged to be wrongfully held.

Officers may take samples of certain goods, enter premises with a writ of assistance or search warrant and stop and search vehicles or vessels where there are reasonable grounds to suspect that they are carrying or may be carrying any goods which are:

§ 1259 to review cases under the UCMJ on writ of certiorari where the CAAF has conducted a mandatory review ( death penalty and certified cases ), granted discretionary review of a petition, or otherwise granted relief.

However, he was intercepted and arrested in Aden, where the writ of the Governor General of India began.