Praecipes

Praecipe is a Latin legal term used to denote a written instruction or command directed to a court official to perform a specified action. In English-language legal practice, a praecipe is typically a short document filed with the clerk of the court, instructing the clerk to take steps such as issuing a writ, summoning a party, filing records, or entering an appearance. The plural form praecipes is used when referring to multiple such orders, though in modern usage the singular praecipe is far more common.

Etymology: The term derives from Latin praecipere, meaning to order beforehand or to instruct in advance, with praecipe denoting the instruction itself.

Historical and usage notes: Praecipes have long appeared in civil and common law procedures as a procedural device to expedite actions without lengthy pleadings. They function as written directives rather than substantive legal arguments. In various jurisdictions, praecipe forms or equivalents are still in use, though the exact content and requirements vary by court and jurisdiction. They may direct the clerk to issue a writ of execution, a summons, to file a document, to enter a judgment, or to transmit records.

Relation to related terms: Praecipe is distinct from a writ or summons itself, though it is closely tied to the process of issuing or executing court actions. It is also distinct from precepts, which are formal commands or rules, not necessarily tied to court clerks.

Praecipes remain a specialized feature of legal procedure, reflecting the enduring influence of Latin terminology in court administration.