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NeCede's

Maxim 8.6.18

No one can sue without a writ.

Source: Fleta, lib. 2, c. 13, s. 4; Weisman, 99p Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A writ is the indispensable foundation of every lawsuit — without proper originating process, the court has no authority to hear the case.

Where this applies

  • A man who shows up at the courthouse demanding that the judge hear his complaint is turned away because he never filed a writ or petition to initiate the case.
  • A creditor's attempt to collect a debt is dismissed because she never filed the originating papers required to start the lawsuit.
  • A citizen's challenge to a government action is rejected because no formal writ or bill was ever filed with the court — you cannot sue without proper process.

Legal domains

Cite this maxim

NeCede Max. 8.6.18 — No one can sue without a writ. — Fleta, lib. 2, c. 13, s. 4; Weisman, 99p

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