Venire facias

From Wikipedia, the free encyclopedia
  (Redirected from Venire facias de novo)
Jump to navigation Jump to search

In law, venire facias (Latin for "may you cause to come"), also venire facias juratores, and often shortened to venire, is a writ directing a sheriff to assemble a jury.[1] Various types are:

  • venire facias ad respondendum – "a writ requiring a sheriff to summon a person against whom an indictment for a misdemeanor has been issued," now superseded by the use of warrants.[1]
  • venire facias de novo, often shortened to venire de novo – a writ for summoning a new jury panel, or venire, "because of some impropriety or irregularity in the original jury return or verdict such that a judgment cannot be entered on it."[1] This results in a trial de novo.[1] "In substance, the writ is a motion for a new trial, but when the party objects to the verdict because of a procedural error (and not an error on the merits), the form of motion was traditionally for a venire facias de novo."[1] For example, see the 1817 decision of the U.S. Supreme Court in Laidlaw v. Organ (15 U.S. 178): "...the judgment must be reversed, and the cause remanded to the district court of Louisiana, with direction to award a venire facire de novo" (John Marshall).
  • venire facias tot matronas – "a writ requiring a sheriff to summon a jury of matrons to execute a writ de ventre inspiciendo."[1]

References[edit]

  1. ^ a b c d e f Black's Law Dictionary (9th ed. 2009), venire facias.