SO REMIND ME, WHAT EXACTLY IS A WRIT?

Don Barbee Jr. Clerk of Circuit Court and Comptroller Hernando County, Florida “Writs” Generally

. “Writ”ten Order from a Sovereign . (King - now Judge)

. Under “the Great Seal” . Closed and Authenticated the document

. Brought case before King’s Court . Didn’t apply to local courts . No set types – expanded over time . Similar to today’s subpoenas or complaints

. All Writs Act (1938) . Mostly Superseded by Rules of Civil Procedure . Apple Case Study Habeas Corpus – the Mac Daddy of Writs

. “Bring the Body” . Challenge unlawful detention

. Predate the Magna Carta (1215) . Article 1 Section 9 of U.S. Constitution . Article 1 Section 13 of Florida Constitution . The writ of habeas corpus shall be grantable of right, freely and without cost. It shall be returnable without delay, and shall never be suspended unless, in case of rebellion or invasion, suspension is essential to the public safety. Famous Habeas Issues

. Dred Scott . Lincoln’s Suspension during Civil War . WWII Japanese Internment Camps . Clarence Earl Gideon . George W. Bush post 9/11 (Hamdi and Hamdan) Handling a Habeas

. No Filing Fee Allowed . Jurisdiction? . “Generally” where prisoner detained . Civil Action NOT Criminal . Criminal trial court has jurisdiction if challenging conviction . If in doubt, contact the court staff attorneys

. Challenges . Exhaustion of Administrative Remedies . Adequate Alternative Remedies Antiquated Writs

. Writs of Assistance . Error Coram Nobis . “error before us” . Changed Outcome

. Writ of Prohibition . Chapter 81, F.S.

. Quo Warranto . By what authority Writ of Certiorari

. “To be more fully informed” . Request for Review . Rules of Appellate Procedure . “Extraordinarily limited and narrow in scope”

. US Supreme Court . Rule of 4 . 7,000 – 8,000 received each year . 1% granted (70-80 cases) Writ of Mandamus

. “We Command” . Orders the performance (or non- performance) of a specific public act or duty . Mandamus and Clerks in Florida . Official Records . Public Records Requests . Copies of Court Records . Accept a pleading . Marriage Licenses Enforcement Writs

. Attachment . Chapter 76 F.S. . Pre-judgment lien . Execution . Chapter 56 F.S. “Final Process” . Order to carry out final judgment . Garnishment . Chapter 77, F.S. . Order to 3rd party to hold/transfer assets to pay a judgment. . Possession . Family Law Rule 12.580 . Civil Rule 1.580 . F.S. 83.62 – Landlord-Tenant