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Capias Utlagatum: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
A capias utlagatum is a legal writ that orders the arrest of a person who has been declared an outlaw. The term "utlagatum" comes from Latin, meaning "you take the outlaw." There are two main types of capias utlagatum: general and special. The general writ focuses solely on the individual, while the special writ extends to the person's lands and goods as well.
The general writ instructs the sheriff to apprehend the defendant and bring them before the court, where the court will determine the appropriate actions. The special writ requires the sheriff to not only arrest the defendant but also to investigate their assets, including properties and possessions, and take custody of them for the king's safekeeping until the defendant can respond to the court.
Table of content
Legal Use & context
Capias utlagatum is primarily used in criminal law, particularly in cases where a defendant has failed to appear in court or has otherwise evaded legal proceedings. This writ is significant in ensuring that individuals who are avoiding legal obligations are brought to justice.
Users can manage related legal processes by utilizing forms available through platforms like US Legal Forms, which provide templates for various legal situations, including those involving capias writs.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A defendant in a civil case fails to appear for a scheduled court date. The court issues a capias utlagatum, instructing the sheriff to arrest the defendant and bring them before the court for further proceedings.
Example 2: A person has outstanding debts and has been avoiding legal action. A creditor obtains a special capias utlagatum, allowing the sheriff to seize the debtor's property and assets while also arresting them. (hypothetical example)
State-by-state differences
State
General Capias
Special Capias
California
Available for civil cases.
Used for both civil and criminal cases.
New York
Primarily used in criminal cases.
Can include property seizure.
Texas
Used in both civil and criminal contexts.
Includes instructions for asset appraisal.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Capias
A writ for arresting a defendant.
Capias utlagatum specifically applies to outlaws.
Writ of Attachment
A court order to seize a person's property.
Writ of attachment does not involve arrest.
Common misunderstandings
What to do if this term applies to you
If you are facing a capias utlagatum, it is crucial to address the situation promptly. Here are steps you can take:
Consult with a legal professional to understand your rights and obligations.
Consider using US Legal Forms to find templates that can help you respond to the writ.
If you are in custody, work with your attorney to prepare for your court appearance.
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