Legal Definitions - ca. resp

Ca. resp. is an abbreviation for *capias ad respondendum*. This legal writ commands a law enforcement officer to arrest a person and bring them before the court. Its purpose is to compel the individual's appearance to answer a civil lawsuit or claim.

Capias ad respondendum (often abbreviated as ca. resp.)

This Latin term refers to a formal court order, known as a writ, that directs a law enforcement officer to arrest a specific individual and bring them before the court. The purpose of this arrest is to compel the person to "respond" or "answer" to a legal claim, charge, or court order.

It is typically issued when an individual has failed to appear in court after being properly notified, or has not complied with a previous court directive, and their presence is necessary for the legal process to continue.

Here are some examples of when a capias ad respondendum might be issued:

• Example 1: Failure to Appear in a Civil Lawsuit

  Imagine a situation where Ms. Chen sues Mr. Davies for breach of contract over a significant financial dispute. Mr. Davies is properly served with a summons and complaint, but he repeatedly fails to appear for scheduled court hearings or respond to any legal filings. To prevent the case from stalling indefinitely, Ms. Chen's attorney might request the court to issue a capias ad respondendum. This writ would then direct the sheriff's department to locate and arrest Mr. Davies, bringing him directly before the judge so he can finally answer the allegations in the lawsuit.

• Example 2: Non-Compliance in Family Court

  Consider a divorce case where Mr. Smith has been ordered by the court to appear for a mandatory mediation session regarding child custody arrangements. Despite receiving multiple notices and warnings from the court, Mr. Smith deliberately misses the session. The judge, needing Mr. Smith's participation to finalize the custody agreement, could issue a capias ad respondendum. This would authorize law enforcement to take Mr. Smith into custody and bring him to court to explain his non-compliance and participate in the required proceedings.

• Example 3: Witness Subpoena Disregard

  During a complex personal injury trial, a crucial expert witness, Dr. Evans, is properly served with a subpoena commanding her to testify. However, Dr. Evans fails to appear on the scheduled trial date without any valid excuse. Recognizing the importance of her testimony to the case, the presiding judge could issue a capias ad respondendum. This writ would empower law enforcement to locate Dr. Evans and bring her to court to provide her testimony, ensuring the trial can proceed with all necessary evidence.