praecipe

noun

prae·​ci·​pe ˈpre-sə-ˌpē  ˈprē- 

variants or less commonly precipe

1

: any of various legal writs commanding a person to do something or to appear and show cause why he or she should not

2

: a written order requesting a clerk or prothonotary of a court to issue a writ and specifying the contents of the writ

Word History

Etymology

Middle English presepe, from Medieval Latin praecipe, from Latin, imperative of praecipere to instruct — more at precept

First Known Use

15th century, in the meaning defined at sense 1

Legal Definition

praecipe

noun

prae·​ci·​pe

variants also precipe

ˈpre-sə-ˌpē, ˈprē-

: 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

filed a praecipe for the writ of scire facias

shall issue upon 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.

Etymology

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