original writ

original writ

A writ commencing an action and directing the defendant to appear and answer.

? In the United States, this writ has been largely superseded by the summons. At common law, this type of writ was a mandatory letter issuing from the court of chancery under the great seal, and in the king’s name, directed to the sheriff of the county where the injury was alleged to have occurred, containing a summary statement of the cause of complaint, and requiring the sheriff in most cases to command the defendant to satisfy the claim or else appear in court to account for not satisfying it. ¡ª Sometimes shortened to original. See SUMMONS. [Cases: Process 8. C.J.S. Process ¡ì 12.]


What is the preferred translation of the term original writ by Chinese lawyers?
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