Legal Definitions - CA. AD RE

CA. AD RE. is an abbreviation for "capias ad respondendum." This was a common law writ that ordered the arrest of a defendant in a civil case to ensure their appearance in court to answer a claim.

CA. AD RE. is an abbreviation for Capias ad respondendum.

This Latin term refers to a specific type of court order, often called a writ, that directs law enforcement to arrest an individual and bring them before the court. The primary purpose of this arrest is to compel the person to respond to a legal claim or to appear in court when they have previously failed to do so after being properly summoned or ordered. It is typically used in civil cases or when someone has disregarded a court order, rather than for new criminal charges.

Here are some examples to illustrate its application:

• Example 1: Failure to Appear in a Civil Lawsuit

  Imagine a situation where a landlord sues a former tenant for unpaid rent and damages. The tenant is properly served with a summons to appear in court and respond to the lawsuit, but they repeatedly ignore the summons, failing to file any response or show up for scheduled hearings.

  In this scenario, the landlord's attorney could ask the court to issue a Capias ad respondendum. If granted, this court order would authorize law enforcement to arrest the tenant and bring them directly before the judge to compel them to finally address the lawsuit and respond to the allegations.

• Example 2: Disregarding a Subpoena for Testimony

  Consider a complex personal injury trial where a crucial witness is issued a subpoena, which is a court order requiring them to appear and testify. Despite receiving the subpoena, the witness intentionally fails to show up on the scheduled court date without providing a valid excuse.

  To ensure the trial can proceed with all necessary evidence, the judge might issue a Capias ad respondendum. This writ would then authorize law enforcement to locate and arrest the witness, bringing them directly to court to provide their testimony as legally required.

• Example 3: Non-Compliance with a Court Order (e.g., Debt Examination)

  Suppose a person owes a significant amount of money to a creditor, and after a judgment is entered against them, the court orders them to appear for a "debtor's examination" to disclose their assets. The individual, however, repeatedly fails to appear for these scheduled examinations, ignoring multiple court notices.

  The creditor's attorney could then request a Capias ad respondendum. If issued, this writ would allow law enforcement to arrest the non-compliant individual and bring them before the judge to compel them to participate in the debtor's examination and comply with the court's order.