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What Is a Rescript?

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  • Written By: Mary McMahon
  • Edited By: Nancy Fann-Im
  • Last Modified Date: 21 April 2014
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    Conjecture Corporation
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A rescript is a statement made in response to a request for an action or clarification. This term comes up in the legal system and also in the Catholic Church, where the Pope has the authority to issue rescripts. Once made, a rescript enters the formal record and may compel another party to act. This concept dates back to Roman law, and examples of ancient rescripts can be seen in some historic texts.

In the legal system, judges send rescripts to the clerk of the court with directions on the disposition of the case, in response to a formal request from the clerk. The rescript indicates how the clerk should handle the case and record it in the court's archives. Higher courts can also issue rescripts to lower courts on request from an appellant. The appellate court can order the lower court to take a given action after it reviews the case and determines that the appellant's case is valid.

Each legal system uses the rescript differently. In some cases, a document that would be considered a rescript in one jurisdiction goes by a different name in another. Judges must word the document appropriately and may follow a template in the course of drafting a rescript to make sure it is accurate, complete, and enforceable. Examples of older court orders are available for the judge to refer to if she has concerns about wording or a point of law.

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Canon law allows the Pope to write rescripts when asked to respond to a point of canon law or doctrine. These documents become part of the body of legal arguments used within the church. The Pope's position also provides guidance to Catholics who may want his opinion on matters of interest to them, such as how to respond to ethical issues not directly covered in the Bible. Important rescripts may be widely publicized for the benefit of the public and are accessible through official notices issued by the Vatican.

A request for a rescript must be filed formally, following the procedures used in a given legal system. An attorney can assist with the process of developing a request to the court and pursuing the matter until the judge issues a statement. For statements from the Pope, it is necessary to work with an expert in ecclesiastical law, and it can be helpful to have the sponsorship of a high church official.

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