law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

, ''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 to assemble a

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...

.'' Black's Law Dictionary'' (9th ed. 2009), ''venire facias''. Various types are: *''venire facias ad respondendum'' – "a writ requiring a sheriff to

summon Evocation is the act of evoking, calling upon, or summoning a spirit, demon, deity or other supernatural agents, in the Western mystery tradition. Comparable practices exist in many religions and magical traditions and may employ the use of mi ...

a person against whom an

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

for a misdemeanor has been issued," now superseded by the use of warrants. *''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 law, the expression trial ''de novo'' means a "new trial" by a different tribunal (''de novo'' is a Latin expression meaning "afresh", "anew", "beginning again", hence the literal meaning "new trial"). A trial ''de novo'' is usually ordered b ...

. "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). *''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