scire facias

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Related to scire facias: scire facias sur mortgage
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  • noun

Words related to scire facias

a judicial writ based on some record and requiring the party against whom it is brought to show cause why the record should not be enforced or annulled

References in periodicals archive ?
By 1980, the writ of scire facias was considered "a proceeding seldom seen in recent times and considered by many practitioners to be somewhat of an antique curiosity." (17)
In 1982, Illinois abolished all writs, including the writ of scire facias, as part of the creation of the modern Code of Civil Procedure.
It is true that the Supreme Court continued with the following words: "and no action is necessary to obtain it except when a judgment becomes dormant, then, so far as the proceeding by scire facias is an action, the judgment may be revived so that execution under the statute may issue thereon.
The Supreme Court disagreed and held that because the scire facias proceeding was not a "new and independent action, the seven year statute of limitation, section 95.11, Fla.
The Supreme Court held in Lott that a scire facias writ was not an independent action subject to the statute of limitation, but was "only a step in the original cause of a remedial nature to effectuate the lien already in existence."[33] At common law, scire facias was a writ "founded upon some matter of record, such as a judgment ...