Venire facias

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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– "a writ requiring a sheriff to summon a person against whom an indictment for a misdemeanor has been issued," now superseded by the use of warrants.[1]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.