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To: The Pack Knight

#41: Check on the document known as a “capious” (capeous?), some type of interstate subpoena. Delaware has it. It is used to get arrested out of state drivers who don’t show up for a local traffic court (otherwise known as speed trap courts).


116 posted on 02/01/2012 8:55:40 PM PST by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper

A capias warrant is a warrant issued by a civil court to compel someone to perform an action.


129 posted on 02/01/2012 9:03:00 PM PST by MHGinTN (Being deceived can be cured.)
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To: MadMax, the Grinning Reaper

It’s called capias, which is a name for a number of writs that command a sheriff or other officer to arrest a person and bring them before the court. They cannot be executed outside the jurisdiction on the issuing court.

There are state statutes that require courts to issue capias, warrants, or other writs on out-of-state actions in certain circumstances, such as child support situations. These statutes are in derogation of the common law rule that no capias would issue on a foreign cause of action.

I’m not sure what Delaware was doing, but I rather doubt a sheriff in Maryland would feel compelled to obey the writs of a Delaware court. There must be some compact or other arrangement where the local court issued capias on request of the Delaware authorities.


189 posted on 02/01/2012 10:05:50 PM PST by The Pack Knight (Laugh, and the world laughs with you. Weep, and the world laughs at you.)
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