A writ of inquiry is a legal order that directs a sheriff to gather a jury and conduct a trial to determine the damages owed to a plaintiff who has received a default judgment for an unliquidated claim. This type of writ serves to assist the court in assessing the appropriate amount of damages by allowing a jury to evaluate the case and provide a verdict that informs the court's decision.
The writ of inquiry is primarily used in civil law cases where a plaintiff has won a default judgment, meaning the defendant did not respond to the lawsuit. This legal tool is essential in cases involving unliquidated claims, where the amount of damages is not predetermined. Users can find relevant forms and templates through resources like US Legal Forms to help manage the process of obtaining a writ of inquiry.
Here are a couple of examples of abatement:
Example 1: A plaintiff sues a defendant for breach of contract but the defendant fails to respond. The court grants a default judgment in favor of the plaintiff. To determine the damages, the court issues a writ of inquiry, allowing a jury to assess the financial impact of the breach.
Example 2: A person files a personal injury claim after an accident, but the responsible party does not appear in court. The court issues a writ of inquiry to ascertain the damages owed to the injured party. (hypothetical example)
| State | Writ of Inquiry Process |
|---|---|
| California | The process may include specific local rules regarding jury selection and damage assessment. |
| New York | Similar to the general process, but may have unique procedural requirements in civil cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Writ of Inquiry | A writ directing a jury to assess damages in a default judgment case. | Specifically involves jury assessment after a default judgment. |
| Default Judgment | A ruling in favor of one party due to the other party's failure to respond. | Does not involve jury assessment; simply a judgment without a hearing. |
If you believe a writ of inquiry applies to your case, consider the following steps:
For complex situations, seeking professional legal assistance is advisable.
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A writ of inquiry is a legal order that directs a jury to assess damages in a case where a default judgment has been issued.