What is a writ similar to an arrest warrant called?

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A writ similar to an arrest warrant is called a capias. A capias is a type of writ issued by a court that authorizes law enforcement to take a person into custody. It is commonly used to compel a person to appear before the court, especially when that person fails to respond to a summons or to answer a charge or complaint. The term itself originates from the Latin word "capere," which means "to take", emphasizing the action of taking the individual into custody.

In legal practice, the distinction between a capias and other terms like summons, subpoena, or indictment is important. A summons is generally a document that notifies a person that they are required to appear in court, but it does not authorize an arrest. A subpoena is used primarily to compel a witness to testify or produce evidence in court, not to arrest individuals. An indictment is a formal charge or accusation of a serious crime, initiated by a grand jury, and does not involve the authority to arrest a person. Understanding these differences highlights the unique function of a capias in the legal process.

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