scire facias

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sci·re fa·ci·as

(sī′rē fā′shē-əs, skē′rĕ fä′kē-äs′)

1. A writ requiring the named party to appear in court and show why a judgment should not be executed or some other action taken based on a matter of judicial or public record.

2. A judicial proceeding under this writ.

[Middle English, from Latin scīre faciās, you should cause (him) to know (a phrase that occurs in the writ) : scīre, to know + faciās, second person sing. present subjunctive of facere, to do, make.]

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

scire facias

(ˈsaɪərɪ ˈfeɪʃɪˌæs)

1. (Law) a judicial writ founded upon some record, such as a judgment, letters patent, etc, requiring the person against whom it is brought to show cause why the record should not be enforced or annulled

2. (Law) a proceeding begun by the issue of such a writ

[C15: from legal Latin, literally: cause (him) to know]

Collins English Dictionary – Complete and Unabridged, 12th Edition 2014 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014

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Noun

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

judicial writ, writ - (law) a legal document issued by a court or judicial officer

law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

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References in periodicals archive ?

(15) Accordingly, a party could not begin a writ of scire facias and then switch to a statutory action with complaint and summons.

Reviving judgments in Illinois: Illinois now has a revival of judgment statute that spells out what should be included in a petition to revive judgment and when one may be filed. It also makes clear that a properly revived judgment may be enforceable for 27 years. This article describes how the revival process works

(20) This is similar to, but different than, proceeding by the writ of scire facias which was a common law remedy for the revival of a dormant judgment, though no longer recognized in Florida.

The life of a money judgment in Florida is limited - for only some purposes

The Supreme Court held that Lott's judgment had become a lien on Dyer's property[19] although under execution procedure at that time, the right to enforce the lien was suspended because Lott had not had an execution issued within three years after entry of the judgment.[20] Because the right to enforce the judgment was suspended, it was necessary for Lott to revive its right to an execution and the means to revive that right was through a motion to revive, the federal practice equivalent at that time of the writ of scire facias.[21] The Supreme Court observed that Lott's motion to revive the judgment, under then Rule 81, Fed.