An 'order of arrest' issued by the clerk of the court is called what?

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Multiple Choice

An 'order of arrest' issued by the clerk of the court is called what?

When the court needs to compel someone to appear, the instrument used is capias. A capias is an order issued by the court clerk directing law enforcement to arrest the named person and bring them before the court. It’s specifically an arrest writ meant to secure the person’s attendance, often because they failed to appear or failed to comply with a court order. A summons, by contrast, is just a notice to appear in court and does not authorise immediate arrest. A writ of habeas corpus is a challenge to the legality of someone's detention, not a command to arrest. A bench warrant is an arrest order typically issued by a judge for a defendant who misses a court appearance, and that distinction often means it’s issued by a judge rather than the clerk.

When the court needs to compel someone to appear, the instrument used is capias. A capias is an order issued by the court clerk directing law enforcement to arrest the named person and bring them before the court. It’s specifically an arrest writ meant to secure the person’s attendance, often because they failed to appear or failed to comply with a court order.

A summons, by contrast, is just a notice to appear in court and does not authorise immediate arrest. A writ of habeas corpus is a challenge to the legality of someone's detention, not a command to arrest. A bench warrant is an arrest order typically issued by a judge for a defendant who misses a court appearance, and that distinction often means it’s issued by a judge rather than the clerk.

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