CAPIAS

capias (kay-pee-<<schwa>>s orkap-ee-<<schwa>>s). [Latin “that you take”] Any of various types of writs that require an officer to take a named defendant into custody. • A capias is often issued when a respondent fails to appear or when an obligor has failed to pay child support. —

Also termed writ of capias; body execution. [Cases: Process  9.]

capias ad audiendum judicium (ad aw-dee-en-d<<schwa>>m joo-dish-ee-<<schwa>>m). [Latin “that you take to hear the judgment”] In a misdemeanor case, a writ issued to bring the defendant to hear the judgment to be imposed after having failed to appear.

capias ad computandum (ad kom-pyoo-tan-d<<schwa>>m). [Latin “that you take for computation”] Hist. A writ issued when a debtor has failed to appear and make account after losing in an action of account render. See ACCOUNTING(3).

capias ad faciendum.Hist. A writ used to enforce a creditor’s judgment against a debtor by

authorizing the debtor’s arrest and imprisonment.

capias ad respondendum (ad ree-spon-den-d<<schwa>>m). [Latin “that you take to answer”] A writ commanding the sheriff to take the defendant into custody to ensure that the defendant will appear in court. — Abbr. ca. resp.; ca. re.; ca. ad re.

capias ad satisfaciendum (ad sat-is-fay-shee-en-d<<schwa>>m). [Latin “that you take to satisfy”] Hist. A post-judgment writ commanding the sheriff to imprison the defendant until the

judgment is satisfied. — Abbr. ca. sa. [Cases: Execution  421. C.J.S. Executions § 24.]

capias extendi facias (ek-sten-dIfay-shee-<<schwa>>s). [Latin “take for extending”] Hist. A writ of execution issued against one who is indebted to the Crown, commanding the sheriff to arrest the debtor.

capias in withernam (in with-<<schwa>>r-nahm). [Law Latin “taking again”] A writ authorizing the sheriff to seize the goods or cattle of a wrongful distrainor. — Also termed writ of withernam. See WITHERNAM.

capias pro fine (proh fI-nee). [Latin “that you take for the fine”] A writ for the arrest of a

person who had not paid an imposed fine. — Also termed capiatur pro fine. [Cases: Fines  9.]

capias utlagatum (<<schwa>>t-l<<schwa>>-gay-t<<schwa>>m). [Latin “you take the

outlaw”] A writ com-manding the arrest of an outlawed person. [Cases: Criminal Law  1000.] [Blacks Law 8th]