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Simple English definitions for legal terms
scire facias
Read a random definition: ex officio
A quick definition of scire facias:
Scire Facias: A legal term that refers to a written order requiring someone to appear in court and explain why a certain record should not be cancelled or why a judgment against them should not be revived. It is often abbreviated as "sci. fa." and can be used in various legal situations, such as reviving a dormant judgment or disproving a debt. In simpler terms, it is a way for the court to ask someone to explain themselves and their actions.
A more thorough explanation:
Definition: Scire facias is a legal term that refers to a writ, or court order, that requires a person to appear in court and show cause why a matter of record should not be annulled or vacated, or why a dormant judgment against that person should not be revived. It is abbreviated as "sci. fa."
Examples:
- An amicable scire facias is a written agreement in which a person against whom a revival of an action is sought agrees to the entry of an adverse judgment.
- A scire facias ad audiendum errores was a common-law writ that allowed a party who had assigned error to compel the opposing party to plead.
- A scire facias sur mortgage was a writ ordering a defaulting mortgagor to show cause why the mortgage should not be foreclosed and the property sold in execution.
These examples illustrate how scire facias can be used in different legal contexts, such as reviving a judgment, compelling a party to plead, or foreclosing a mortgage. In each case, the writ requires the person against whom it is issued to appear in court and show cause why a certain action should not be taken.