Capias ad respondendum

Capias ad respondendum

In the common law legal systems, "capias ad respondendum" (Latin: "that you take to hear the judgment") is or was a writ issued by a court to bring the defendant, having failed to appear, to hear the judgment to be imposed.

In the United States, this writ was replaced by the practice of serving process directly to the person of the defendant in order to compel him to appear before the court to establish in personam jurisdiction over him according to his rights under the due process clause of the Fourteenth Amendment.

See International Shoe Co. v. Washington 326 US 310 (1945)::But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.'

In the United Kingdom, this writ was abolished by the Crown Proceedings Act 1947.


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  • capias ad respondendum — ca·pi·as ad re·spon·den·dum / kā pē əs ad ˌrē spän den dəm, kä pē ˌäs äd ˌrā spȯn den du̇m/ or capias n [Medieval Latin, you may seize (the person) to (make him/her) answer the charge]: a writ or process commanding an officer to place a person… …   Law dictionary

  • capias ad respondendum — /keypiyas aed respondendsm/ A judicial writ (usually simply termed a capias, and commonly abbreviated to ca. resp.) by which actions at law were frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, so… …   Black's law dictionary

  • capias ad respondendum — /keypiyas aed respondendsm/ A judicial writ (usually simply termed a capias, and commonly abbreviated to ca. resp.) by which actions at law were frequently commenced; and which commands the sheriff to take the defendant, and him safely keep, so… …   Black's law dictionary

  • capias ad respondendum — A writ directing the arrest of the defendant in a civil action and his production in court on a day certain. 5 Am J2d Arr § 52 …   Ballentine's law dictionary

  • capias — [ keɪpɪəs, kap ] noun (plural capiases) Law a writ ordering the arrest of a named person. Origin ME: from L. capias (ad respondendum), lit. you are to seize (until reply is made) …   English new terms dictionary

  • ad respondendum — /aed raspondendam/ For answering; to make answer. Words used in certain writs employed for bringing a person before the court to make answer in defense in a proceeding, as in habeas corpus ad respondendum and capias ad respondendum, q.v …   Black's law dictionary

  • ad respondendum — /aed raspondendam/ For answering; to make answer. Words used in certain writs employed for bringing a person before the court to make answer in defense in a proceeding, as in habeas corpus ad respondendum and capias ad respondendum, q.v …   Black's law dictionary

  • ad respondendum — To answer. See capias ad respondendum; habeas corpus ad respondendum …   Ballentine's law dictionary

  • Crown Proceedings Act 1947 — United Kingdom Parliament Long title An Act to amend the law relating to the civil liabilities and rights of the Crown and to civil proceedings by and against the Crown, to amend the law relating to the civil liabilities of persons other than …   Wikipedia

  • C.C.; B.B. — I have taken his body; bail bond entered. See capias (capias ad respondendum) …   Black's law dictionary

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