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The term "paratum habeo" is a Latin phrase that translates to "I have him in readiness." In legal contexts, it is used primarily in relation to a sheriff's return of a writ of capias ad respondendum. This writ indicates that a defendant is prepared to appear before the court. However, when the defendant is at large, the assertion of "paratum habeo" may be viewed as a legal fiction. If the sheriff fails to produce the defendant, they cannot be held liable for a false return.
Table of content
Legal Use & context
This term is commonly used in criminal law, particularly in cases involving arrest warrants and the apprehension of defendants. It plays a critical role in ensuring that defendants are brought before the court as required. Users can manage related legal processes by utilizing templates and forms available through resources like US Legal Forms, which provide guidance on handling writs and other legal documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A sheriff issues a writ of capias ad respondendum for a defendant accused of theft. The sheriff notes "paratum habeo" in the return, indicating the defendant is ready to appear in court. However, the defendant has fled, raising questions about the validity of the sheriff's claim.
(Hypothetical example) Example 2: In a civil case, a sheriff may report "paratum habeo" for a defendant who has been located but is not present in court. This could lead to complications in the legal proceedings.
State-by-state differences
State
Legal Context
California
Paratum habeo is recognized in civil and criminal cases, with specific procedures for writs.
New York
Similar usage, but local rules may dictate different procedures for sheriff's returns.
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 type of writ for arresting a defendant.
Capias is the broader term; paratum habeo refers specifically to the readiness of the defendant.
Writ of Summons
A document notifying a defendant of a legal action.
Writ of summons does not imply readiness; it merely serves notice.
Common misunderstandings
What to do if this term applies to you
If you encounter the term "paratum habeo" in your legal situation, consider the following steps:
Review the context in which it is used, especially if you are involved in a case with a writ of capias.
Consult legal resources or templates available through US Legal Forms to understand your options.
If complexities arise, seek advice from a legal professional to ensure your rights are protected.
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