1. At common law, a writ ordering a defendant to do some act or to explain why inaction is appropriate.
— Also termed writ of praecipe.
2. A written motion or request seeking some court action, esp. a trial setting or an entry of judgment. — Also spelled precipe. — praecipe, vb.
praecipe quod reddat (pree-s[schwa]-pee or pres-[schwa]-pee kwod red-at). [Latin “command that he render”] Hist. A writ directing the defendant to return certain property. • An action for common recovery was often begun with this writ. When the writ was brought to recover land, it was termed ingressu. See COMMON RECOVERY.
“The praecipe quod reddat was the proper writ when the plaintiff’s action was for a specifick thing; as for the recovery of a debt certain, or for the restoration of such a chattel, or for giving up such a house, or so much land, specifying the nature and quantity of it. By this writ the sheriff was commanded to summon the tenant or defendant to appear at Westminster, at such a day in term.” 1 George Crompton, Rules and Cases of Practice in the Courts of King’s Bench and Common Pleas xxxix (3d ed. 1787).
