SCIRE FACIAS

scire facias (sI-ree fay-shee-<<schwa>>s). [Law Latin “you are to make known, show cause”]

A writ requiring the person against whom it is issued to appear and show cause why some matter

of record should not be annulled or vacated, or why a dormant judgment against that person

should not be revived. — Abbr. sci. fa.[Cases: Scire Facias 1. C.J.S. Scire Facias §§ 2–3, 10,

14.]

amicable scire facias to revive a judgment.A written agreement in which a person against

whom a revival of an action is sought agrees to the entry of an adverse judgment.

scire facias ad audiendum errores (sI-ree fay-shee-<<schwa>>s ad aw-dee-en-d<<schwa>>m

e-ror-eez). [Law Latin “that you cause to know to hear errors”] Hist. A common-law writ allowing

a party who had assigned error to compel the opposing party to plead. • It was abolished in 1875.

scire facias ad disprobandum debitum (sI-ree fay-shee-<<schwa>>s ad

dis-proh-ban-d<<schwa>>m deb-<<schwa>>-t<<schwa>>m). [Law Latin “that you cause to

know to disprove the debt”] Hist. A writ allowing a defendant in a foreign attachment against the

plaintiff to disprove or avoid the debt recovered by the plaintiff, within a year and a day from the

time of payment.

scire facias ad rehabendam terram (sI-ree fay-shee-<<schwa>>s ad re-h<<

schwa>>-ben-d<<schwa>>m ter-<<schwa>>m), n.[Law Latin “that you cause to know to recover

the land”] Hist. A writ allowing a judgment debtor to recover lands taken in execution after the

debtor has satisfied the judgment.

scire facias quare restitutionem non (sI-ree fay-shee-<<schwa>>s kwair-ee

res-t<<schwa>>-t[y]oo-shee-oh-n<<schwa>>m non), n.[Law Latin “that you cause to know why

restitution not”] Hist. A writ for restitution after an execution on a judgment is levied but not paid

and the judgment is later reversed on appeal.

scire facias sur mortgage (sI-ree fay-shee-<<schwa>>s s<<schwa>>r mor-gij), n.[Law Latin

“that you cause to know on mortgage”] Hist. A writ ordering a defaulting mortgagor to show cause

why the mortgage should not be foreclosed and the property sold in execution. [Cases: Mortgages

388. C.J.S. Mortgages § 696.]

scire facias sur municipal claim (sI-ree fay-shee-<<schwa>>s s<<schwa>>r

myoo-nis-<<schwa>>-p<<schwa>>l klaym), n.[Law Latin “that you cause to know on municipal

claim”] Hist. A writ compelling the payment of a municipal claim out of the property to which a

municipal lien is attached. [Blacks Law 8th]