Understanding Legal Writs: Definitions, Types, and Examples

What is a writ?

A writ is a formal written order issued by a court or other authority that compels a person or entity to perform—or to refrain from—a specific act. Rooted in English common law, writs remain tools for enforcing court judgments, securing evidence, protecting individual rights, and directing lower courts or government officials.

Key functions and purpose

• Compel action (e.g., produce evidence, surrender property) or prohibit action (e.g., stop ongoing conduct).
• Enable courts to provide extraordinary or immediate relief that ordinary motions or appeals might not address.
• Authorize officials (sheriffs, marshals) to carry out court-ordered actions, such as seizing property.

Common types of writs

• Warrants — orders authorizing law enforcement to search, seize, or arrest (search warrants, arrest warrants, execution warrants).
• Subpoenas — require a witness to testify or to produce documents or other evidence.
• Writ of execution — directs seizure and disposition of a defendant’s property to satisfy a judgment.
• Writ of seizure and sale — allows a creditor to take possession of and sell a debtor’s property to satisfy debts.
• Writ of habeas corpus — orders a custodian to bring a detained person before the court to examine the legality of the detention.
• Writ of certiorari — used by a higher court (notably the U.S. Supreme Court) to review the judgment of a lower court.

Practical examples

• Enforcement of judgments: A plaintiff obtains a writ of execution so a sheriff can seize and sell a defendant’s assets to satisfy a money judgment.
• Criminal justice: An arrest warrant allows police to take a suspect into custody; a search warrant permits law enforcement to search premises for evidence.
• Protection of liberty: A habeas corpus petition can lead a court to order the release of someone held unlawfully.
• Appellate review: The Supreme Court’s grant of certiorari brings a lower-court decision before it for review.

Origins and terminology

Writs evolved in medieval England as written orders from the monarch’s court to handle disputes—especially about land and titles. The English word “writ” traces back to Old English/Germanic roots related to writing.

Writs in U.S. law

• The All Writs Act (28 U.S.C. § 1651) authorizes U.S. federal courts to issue all writs “necessary or appropriate” to carry out their jurisdiction.
• Over time, courts narrowed some traditional writs’ usage; since the 20th century, many forms of relief formerly available only by writ can now be sought through lawsuits or motions in civil proceedings.
• Habeas corpus and certiorari remain prominent writ-based remedies in federal practice.

When a writ isn’t available

In many civil disputes, equivalent relief can be obtained by filing a lawsuit or a motion in court rather than by seeking an extraordinary writ. Consulting counsel will clarify the appropriate procedural vehicle for the relief sought.

Key takeaways

• A writ is a powerful, court-issued order directing or prohibiting action.
• Writs include warrants, subpoenas, execution and seizure orders, habeas corpus, and certiorari.
• They originated in English common law and remain important tools in modern judicial and administrative practice.
• Some writ relief has been replaced by ordinary civil procedures, but certain writs (e.g., habeas corpus, certiorari) continue to play a central role.