Legal Dictionary
Main Entry:
prae·ci·peVariant:
also pre·ci·pe /'pre-s&-"pE, 'prE-/ Function:
nounEtymology: Medieval Latin
precipe, legal writ commanding a person to do something or show cause why he or she should not, from Latin
praecipe, imperative of
praecipere to give rules or precepts, admonish, enjoin
: a written request for an action (as the issuing of a writ of execution) from a party to a clerk of a court or sometimes to a judge
praecipe for the writ of scire facias> praecipe of the plaintiff>
NOTE: When addressed to a clerk, a praecipe is usually a request for some action that does not require immediate judicial review, such as the issuing of a subpoena or the preparing of a record for appellate review. When addressed to a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do something (as to release land being withheld from another).