Capias is a Latin word. It is a legal term. The word capias is defined as a legal writ. The most common type of capias is the writ of capias ad respondendum. The capias ad respondendum orders the sheriff to arrest a defendant. The sheriff can arrest a defendant in connection with a civil case. When the defendant is slapped with this write, he is compelled to appear in a court of law and answer the claims made by the plaintiff.
The writ clearly states the name of the defendant, the term when he was required to appear at the court of law, the plaintiff's name, the type of action taken, the names of the justice, the clerk and the attorney representing the plaintiff. In case of a non-bailable capias, the type of action taken was nothing more than a fictitious trespass. The two subsequent orders issued (in case the defendant fails to appear for a hearing at the court of law) are known as alias capias and pluries capias.
The writ clearly states the name of the defendant, the term when he was required to appear at the court of law, the plaintiff's name, the type of action taken, the names of the justice, the clerk and the attorney representing the plaintiff. In case of a non-bailable capias, the type of action taken was nothing more than a fictitious trespass. The two subsequent orders issued (in case the defendant fails to appear for a hearing at the court of law) are known as alias capias and pluries capias.
