Warrant of committal

Last updated

Warrant of Committal is a legal term used by the law systems of Canada and the United Kingdom, which allows a magistrate or judge to enforce a judgment or order against a person or corporation that has refused or neglected to comply with a known court ruling or order within a known fixed period of time.

Contents

Eligibility and enforcement

The person (or director of a corporation) subject to the warrant of committal must have been served in a timely fashion with a copy of the order to do (or abstain from doing) the act in question. If the person served with the order fails to obey it, the judgment creditor may issue either a claim form or application notice seeking committal (for contempt of court) for the offender. The claim form or application notice must identify the breach of injunction which has taken place, and be supported by an affidavit (served with it) stating the grounds for the committal application.

A warrant of committal may not be enforced more than two years after the date it was issued, without further order from the court [1] .[ citation needed ] The court may dispense with service of the judgment, order, claim form or application notice if it deems it fair to do so. If the committal order has been made in the absence of the respondent, without being served on him, the judge may fix a date and time when the person to be committed is to be brought before him or the court.

Procedure

  1. Clerk prepares the document (Warrant of Committal)
  2. Clerk separates and distributes document

Trend in Canada

Federal Warrant of Committal admissions in Canada have increased about 25% between 1989/90 and 1993/94, with approximately 1,000 offenders per year. [2]

Related Research Articles

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court. A similar attitude towards a legislative body is termed contempt of Parliament or contempt of Congress.

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.

A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.

An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.

Writ Formal written order issued by a body with administrative or judicial jurisdiction

In common law, a writ 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, and subpoenas are common types of writ, but many forms exist and have existed.

In law, a judgment, also spelled judgement, is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.

A summons is a legal document issued by a court or by an administrative agency of government for various purposes.

A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is performed.

Bailiff manager, overseer or custodian

A bailiff is a manager, overseer or custodian; a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offices and duties vary greatly.

Justice of the peace Judicial officer elected or appointed to keep the peace and perform minor civic jobs

A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.

Service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunal.

The Virginia General District Court (GDC) is the lowest level of the Virginia court system, and is the court that most Virginians have contact with. The jurisdiction of the GDC is generally limited to traffic cases and other misdemeanors, civil cases involving amounts of under $25,000. There are 32 GDC districts, each having at least one judge, and each having a clerk of the court and a courthouse with courtroom facilities.

Magistrates court (England and Wales)

In England and Wales, a magistrates' court is a lower court which holds trials for summary offences and preliminary hearings for more serious ones. Some civil matters are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition.

In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement.

Michael W. Mosman American judge

Michael Wise Mosman is a United States District Judge of the United States District Court for the District of Oregon. He served as Chief Judge for the U.S. District Court for the District of Oregon from February 1, 2016 to December 23, 2019. He also served a 7-year term on the FISA Court from May 4th, 2013 - May 3rd, 2020. The Oregon native previously served as the United States Attorney for the same district.

County Court bailiffs are employees of Her Majesty's Courts & Tribunals Service and are responsible for enforcing orders of the County Court by recovering money owed under County Court judgments. They can seize and sell goods to recover the amount of the debt. They can also serve court documents and effect and supervise the possession of property and the return of goods under hire purchase agreements.

Court of the Lord Lyon Court which regulates heraldry in Scotland

The Court of the Lord Lyon is a standing court of law which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.

Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.

The Criminal Procedure Code, are Malaysian laws which enacted relating to criminal procedure.

References

  1. Bhatia, Prof Dr K. L. (2010). Textbook on Legal Language and Legal Writing. Universal Law Publishing. ISBN   978-81-7534-894-3.
  2. "Trend in Canada between 1989/90 to 1993/94". Archived from the original on May 26, 2006. Retrieved 2007-03-02.