Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: Bryan Treaties (Bryan Arbitration Treaties) to James Earl Carter Jr. - Further Readings

Capias

defendant court custody

[Latin, That you take.] The name for several different kinds of writs, or court orders, all of which require an officer to take the defendant into custody.

For example, a capias ad audiendum judicium is a writ that orders the defendant brought back before the court after an appearance in which the person has been found guilty of a misdemeanor. A capias ad satisfaciendum orders the sheriff to take the defendant into custody until a judgment is paid or a discharge is granted on the ground that the defendant is an insolvent debtor. This is a body execution.

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