In law, ''venire facias'' (

Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...

for "may you cause to come"), also ''venire facias juratores'', and often shortened to ''venire'', is a

writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...

directing a

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

to assemble a

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

.''

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...

'' (9th ed. 2009), ''venire facias''. Various types are: *''venire facias ad respondendum'' – "a writ requiring a sheriff to summon a person against whom an

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

for a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

has been issued," now superseded by the use of

warrants Warrant may refer to: * Warrant (law), a form of specific authorization ** Arrest warrant, authorizing the arrest and detention of an individual ** Search warrant, a court order issued that authorizes law enforcement to conduct a search for eviden ...

. *''venire facias de novo'', often shortened to ''venire de novo'' – a writ for summoning a new jury panel, or

venire Jury selection is the selection of the people who will serve on a jury during a jury trial. The group of potential jurors (the "jury pool", also known as the ''venire'') is first selected from among the community using a reasonably random method. ...

, "because of some impropriety or irregularity in the original jury return or verdict such that a judgment cannot be entered on it." This results in a trial de novo. "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." For example, see the 1817 decision of the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

in ''

Laidlaw v. Organ ''Laidlaw v. Organ'', 15 U.S. (2 Wheat.) 178 (1817), is a case decided by the US Supreme Court that established ''caveat emptor'' in the United States. Facts Organ purchased 111 hogsheads of tobacco (111,000 pounds) from Laidlaw & Co. on February ...

'' (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 John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...

). *''venire facias tot matronas'' – "a writ requiring a sheriff to summon a jury of matrons to execute a writ ''de ventre inspiciendo''."

References

Legal documents with Latin names Writs {{England-law-stub