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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