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.

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.

The writ is available where there is no other adequate remedy.

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.

In police jargon, these writs are sometimes referred to as a writ of capias, defined as orders to " take " a person or assets.

A minimum of four of the nine Justices are required to grant a writ of certiorari, referred to as the " rule of four ".

The case directly came before the House of Lords, rather than being referred to it by a writ of certiorari.

* 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.

The writ is considered outstanding until paid in full.

Prima facie hearing of the writ petition, petition filed against the interim and interlocutory order of the inferior court, petition against the order of the Registrar concerning procedure of the cases and any other application which does not falls under the jurisdiction of the special, full or division bench falls under the jurisdiction of the single bench.

* Is asking the Supreme Court for a writ of mandamus the correct legal remedy?

The applicant pleading for the writ of mandamus to be enforced should be able to show that he has a legal right to compel the respondent to do or refrain from doing the specific act.

I certainly regard it as sufficient legal cause for suspending the privilege of the writ of habeas corpus.

Its legal argument holding that Congress alone may suspend the writ is noted for reiterating the opinion of John Marshall and the court in Ex parte Bollman and was recently restated by the Supreme Court in Hamdi v. Rumsfeld.

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.

At first, new writs could be drafted to fit new situations, although in practice the clerks of the Chancery would re-use old forms, and there were many books that were collections of forms of writ, much as in modern times lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a legal document each time they wish to create one.

Moreover, a writ, if one could be found fitting the plaintiff's case, provided the legal means to remove the dispute from the jurisdiction of the local court, often controlled by a lesser noble, and instead have it heard by the King's judges.

A " writ of prohibition ", in the United States, is an official legal document drafted and issued by a supreme court, superior court or an appeals court to a judge presiding over a suit in an inferior court.

Upon the death of a tenant-in-chief, the escheator would be instructed by a writ of diem clausit extremum (" he has closed his last day ", i. e. he is dead ) issued by the king's chancery, to empanel a jury to hold an " inquisition post mortem " to ascertain who the legal heir was, if any, and what was the extent of the land held.

Louis I's decree also regulated the legal status of the cneazes, the Romanians ' local leaders, by establishing a distinction between cneazes " brought to " their lands by royal writ whose testimony in court weighed like that of nobles (" noble cneazes "), and others whose evidence counted for less (" commoner cneazes ").

But this was contested by Henry Chetwynd-Talbot from Ingestre Hall, a distant cousin of the late earl, who filed a legal writ to determine lawful ownership of Alton Towers.

A writ of assistance was used in an incident known as the " Malcom Affair ", which was described by legal scholar William Cuddihy as " the most famous search in colonial America.

A latitat is a legal device, namely a writ, that is " based upon the presumption that the person summoned was hiding ", see Blackstone.

With legal advice provided by British Democratic Party leader Anthony Reed Herbert, Hill soon issued the writ against McLaughlin, who attempted to get around the problems by renaming the BM the British Nationalist and Socialist Movement and claiming that the BM in fact no longer existed.

The office first took on a political element in 1461, when the holder was summoned by writ to the House of Lords to advise the government on legal matters.

Raj Narain, a socialist leader, had filed a legal writ alleging electoral malpractice against Gandhi in 1971.

* Self-help ( law ), individuals ' implementation of their rights without resorting to legal writ or consultation of higher authority

In secular law, a precept is a command in writing ; a species of writ issued from a court or other legal authority.

The Committee for Privileges reported, " after diligent search, no precedent being found that any writ of summons hath been detained from any peer that is capable of sitting in the House of Parliament ; and considering withal how far it may trench into the right of every member of this House, whether sitting by ancient right of inheritance or by patent, to have their writs detained ; the Lords Committees are all of opinion, That it will be necessary for this House humbly to beseech His Majesty, that a writ of summons may be sent to this petitioner, and to such other Lords to whom no writ of summons hath been directed for this Parliament, excepting such as are made incapable to sit in Parliament by judgment of Parliament or any other legal judgment.

The second possibility refers to a previous Act of Outlawry describing the proper proclamations to be made to seek a legal defendant, and considers that a sheriff might neglect or refuse to make such proclamations, and nevertheless report ( returning the writ ) that the person was not found ( and therefore presumed to be escaping justice ).