Scire facias

In English law, a writ of scire facias (Latin, meaning literally "make known") was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.

The writ of scire facias was created in 1285 during the 13th year of the reign of Edward I by the English Parliament in the Second Statute of Westminster. The writ of quo warranto was created during this same period. The writ of scire facias "is in nature a bill in Chancery" which meant that it would be issued solely by a court of equity.

Proceedings in scire facias were regarded as a form of action, and the defendant could plead his defense as in an action. They were analogous to quo warranto proceedings.

In 1684, the royal charter of the Massachusetts Bay Colony was rescinded by a writ of scire facias for the Colony's interference with the royal prerogative in founding Harvard College and other matters.

By the beginning of the twentieth century, the writ was of little practical importance. Its principal uses were to compel the appearance of corporations aggregate in revenue suits, and to enforce judgments against shareholders in companies regulated by the Companies Clauses Act 1845, or similar private acts, and against garnishees in proceedings in foreign attachment in the Lord Mayor's Court. It was not used in Scottish law.

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