The Difference Between a Writ of Certiorari and a Writ of Execution

Dating back to English common law, writs were important legal tools. Original the King could order folks, through writs, to act or comply with certain commands. In modern law, writs still exist and are orders used when a court needs to compel action of citizens or other courts. Writs can be things as simple as warrants and subpoenas or as complex as prerogative writs, such as writ of certiorari and writs of executions. And, with the said, there are distinctions between writs of certiorari, which are linked to stays of execution, and writs of execution.

Writ of Certiorari

The term writ of certiorari is commonly used or heard when people are talking about court actions or things associated with the United States Supreme Court. Basically, a writ of certiorari is an order sent from a higher court ordering a lower court to submit to review.

A petition is filed seeking a writ of certiorari and a higher court considers the allegations of the petition. When the higher court makes the decision to grant the request, a lower court is required to send documents, transcripts and other parts of the court review for the higher court to review. If the petition is denied, there is no directive for review.

The higher court has the discretion to hear or deny the writ of certiorari petition. In the United States, less than 5% of the requests for a writ of certiorari are granted, due to the high volume of requests and the busy court schedule. Many matters that can be considered for a certiorari review are constitutional questions, procedural errors, injunctions, and stays of executions.

Writ of Execution

Many people have heard of garnishments and levies. These are types of writ of execution. Writ of executions are court orders that are entered (granted) when plaintiffs seek monetary judgments.

When a court issues a writ of execution, the court is giving law enforcement officials, such as sheriffs, to take possession of property and organize sales (levy.) Writs also allow people to garnish wages and seize bank accounts and other assets. These special writs can also be used to freeze titles to real property.

Distinctions Between Writs of Certiorari and Executions

While writs of certiorari and execution are prerogatory writs, they serve very distinct purposes. Writ of certioraris are directed to compel courts and the writ of execution are used to compel defendants to satisfy judgment debts.

The confusion between the two come when people heard the word execution. Writs of Certiorari are linked to those proceedings involved in executions of criminals. Stays are requested by different levels of court to stop the final punishments. However, for debtors and creditors, Writs of Executions are specifically needed to accomplish final resolution of a financial matter. Through levies, garnishments, liens, creditors are added in resolving outstanding debts owed.

Since the days that the English Crown decided controversies, writs have been part of law. Writs of Certiorari and Execution can cause confusion, but are two distinct types of writs. Writs of Certiorari aid litigants, who want a court to review proceedings. Writs of Executions are geared toward a specific type of plaintiff, who seeks to recover money from debtors. While each has its own purpose, these writs offer specific remedies to modern litigants.