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A writ of attachment. In common law, a writ (Anglo-Saxon gewrit, Latin breve) [1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
The term "Petition" as used in both of these regulations is restricted to those petitions which are directed at the executive or legislative branches of government, and does not include documents filed in a court of law, which are also referred to as "petitions", such as petitions for coram nobis, mandamus, habeas corpus, prohibition, and ...
Morgan established the following criteria required in a coram nobis petition in order for a federal court to issue the writ: [42] A petition for a writ of coram nobis is a collateral attack on a judgment in a federal criminal case. A "collateral attack" is defined as an attack on a judgment in a proceeding other than a direct appeal. [62]
A petition for certiorari before judgment, in the Supreme Court of the United States, is a petition for a writ of certiorari in which the Supreme Court is asked to immediately review the decision of a United States District Court, without an appeal having been decided by a United States Court of Appeals, for the purpose of expediting the proceedings and obtaining a final decision.
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs".
For example, the Court may feel the case presented during oral arguments did not present the constitutional issues in a clear-cut way, and that adjudication of these issues is better deferred until a suitable case comes before the court. In this event the writ of certiorari is "dismissed as improvidently granted" (DIGged)—saying, in effect ...
Writ petitions can also be filed with a superior court in order to compel an administrative agency or other entity, public or private, to perform a duty required by law. Although these petitions can be filed with the court of appeal or Supreme Court in the first instance, they are usually summarily denied without prejudice.
Usages and principles of law—the statute requires courts to issue writs "agreeable to the usages and principles of law". The U.S. Supreme Court has ruled that federal administrative agencies can invoke the All Writs Act to preserve the status quo when a party within the agency's jurisdiction is about to take action that will prevent or impair ...