A writ is essentially a legal, written document issued by a court ordering someone to take the specified action or prohibiting a specified action. There are many different kinds of writs. For instance, an arrest warrant orders that the person named in the warrant be arrested. Subpoenas are another common type, and order someone to appear in court, usually to testify in a trial.
In England, the usage of legal writs began in the times when common law was the law of the land. Originally, it was a letter from an authority with jurisdiction, indicating that some action be taken. Back then, a writ petition had to be issued so that a case could even be heard by the royal courts. The Woolf Reforms, passed in 1999, replaced the use of the writ form to start a civil action with a claim form.
The United States adopted the use of writ law, although over time the two systems' use of writs evolved in different ways. In the US, the All Writs Act allowed federal courts in the country to issue the writs necessary to aid their jurisdictions. In 1938, however, the Federal Rules and Civil Procedures abolished certain writs offering relief, so that such relief is now available instead through lawsuits and motions of the court in pending cases.
One such document still commonly used in the US is the habeas corpus, through which a person can ask a court for relief from what they believe to be unlawful detention. The writ of garnishment allows for a court to order the seizure of property that is in the possession of a person but belongs to a third party. This happens often when a court issues a judgment in favor of a debtor. Meanwhile, a writ petition is a request to go before a court of appeals before a final judgment is issued by the prior court.
The Indian legal system also uses writs. In fact, the country's constitution awards its courts the right to use them. In this country, one of the most common types of writs is that of prohibition, in which a higher court prohibits a lower court from taking a case, stating that the court does not have appropriate jurisdictional power. The writ of certiorari is another common one, and directs a lower court to send any records pertaining to a case to a higher court for review.
