Who may issue a capias?

Who may issue a capias?

• A. Only by a municipal judge
• B. By a sheriff
• C. By a municipal court clerk
• D. By a clerk or a judge

Answer: (D)

A capias is a court-issued order directing law enforcement to arrest a person to compel their appearance in court or to produce someone before the court. The authority to issue this writ isn’t limited to just one role. A judge can issue a capias by signing the order, but the clerk of the court can also issue a capias on the court’s authority, often acting on the judge’s direction or under court rules. The sheriff’s role is to execute the capias, not to issue it. Because both a clerk and a judge can authorize the writ, the practical and lawful way to bring someone before the court is covered by allowing either to issue it.

A capias is a court-issued order directing law enforcement to arrest a person to compel their appearance in court or to produce someone before the court. The authority to issue this writ isn’t limited to just one role. A judge can issue a capias by signing the order, but the clerk of the court can also issue a capias on the court’s authority, often acting on the judge’s direction or under court rules. The sheriff’s role is to execute the capias, not to issue it. Because both a clerk and a judge can authorize the writ, the practical and lawful way to bring someone before the court is covered by allowing either to issue it.