How to Draft a Praecipe

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Drafting a Praecipe is an essential and intricate process for any legal proceeding. It requires accuracy and attention to detail to ensure that the document is effective in establishing the legal rights of all parties involved. At Genie AI, we understand the importance of getting this document right and have created a free template library that anyone can use to draft high-quality, accurate Praecipes - without paying a lawyer’s fee.

The Praecipe serves as the foundation for any case, making it crucial that it is clear, concise, and up-to-date with all relevant laws. This ensures that all parties are aware of their rights within the proceedings and reduces risks of errors or misunderstandings during litigation. Such knowledge also enables lawyers to inform clients about their legal obligations throughout the duration of their case.

At Genie AI, we are dedicated to providing users with easy access to our open source template library containing millions of datapoints from which anyone can learn what constitutes a market-standard Praecipe - no specialist knowledge required! We provide guidance on how to craft an effective praecipe in our step-by-step guide below; alternatively readers can access our free template library today in order to get started right away!

Definitions (feel free to skip)

Civil Litigation - Legal action between two private parties, usually resulting in monetary damages or an enforcement of one party’s rights.

Complaint - A legal document that outlines the plaintiff’s allegations against the defendant.

Petition - A formal written request to a court or other decision-making body.

Motion - A written request to a court or other decision-making body asking for a ruling or other decision.

Writ - An order from a court or other decision-making body.

Order to Show Cause - An order from a court or other decision-making body requiring a party to appear and explain why a certain action should not be taken.

Divorce - A court-ordered dissolution of a marriage.

Contract Dispute - A disagreement between two or more parties over the terms of a contract.

Foreclosure - A court process in which a lender attempts to recover the balance of a loan from a borrower who has defaulted on payments.

Contents

• What is a Praecipe?
• When is a Praecipe Used?
• What Information Should Be Included in a Praecipe?
• Name of the Court
• Type of Praecipe
• Name of the Party Filing the Praecipe
• Name of the Party Responding to the Praecipe
• Name of the Document Sought
• Type of Action or Matter
• Name of the Judge or Magistrate
• How to Draft a Praecipe?
• Gather Necessary Information
• Type or Handwrite the Praecipe
• Sign and Date the Praecipe
• How to File a Praecipe?
• Determine the Filing Fee
• Make Copies of the Praecipe
• Deliver the Original Praecipe to the Court
• Retain a Copies of the Filed Praecipe
• Tips for Writing and Filing a Praecipe
• Be Clear and Concise
• Double Check the Information
• Verify the Filing Fee
• Follow Up After Filing
• Common Mistakes to Avoid When Drafting a Praecipe
• Misstating or Omitting Information
• Failing to Follow Guidelines
• Not Submitting the Proper Filing Fee
• Not Retaining Records
• Conclusion
• How to Access Additional Resources
• How to Contact an Attorney for Help

Get started

What is a Praecipe?

• A Praecipe is a Latin term meaning “to ask” or “to request.”
• It is a type of legal document used to initiate a court proceeding or to request a specific action be taken by the court.
• A Praecipe is most commonly used in civil law cases to initiate a lawsuit.
• When filed, the Praecipe serves as the document that drafts the complaint.
• It is one of the first documents filed in a lawsuit and is typically filed along with a summons.

When you can check this off your list and move on to the next step:

• When you have a good understanding of what a Praecipe is, you can proceed to the next step.

When is a Praecipe Used?

• A Praecipe is used when a party to a lawsuit wants to obtain documents or records from another party
• A Praecipe can also be used to request an order from a court or for a party to appear for a hearing
• A Praecipe can also be used to request a copy of a judgment from a court
• When you are able to identify all of the necessary details to include in your Praecipe and have determined when and why you need to file it, you have completed this step and can move on to the next step.

What Information Should Be Included in a Praecipe?

• Make sure to include the name of the court, the type of filing, and the name of the case in the praecipe
• Make sure to include the name of the party filing the praecipe, the name of the party being served and the address of the party being served
• Make sure to include the date the praecipe was prepared and the date that the filing is to be made
• Make sure to include any other information that is relevant to the filing

When you have checked that all of the required information is included in the praecipe, you can move on to the next step.

Name of the Court

• Determine the court in which the petition is to be filed.
• This can be found in the local rules of the court or by speaking to a clerk.
• If a local court is not available, the case can be filed in the nearest court of appeals.
• Once the court is selected, it should be written at the top of the praecipe.
• Once the court is chosen and written, this step can be checked off the list and the next step, Type of Praecipe, can be completed.

Type of Praecipe

• Determine the type of Praecipe that you need to draft. This will be determined by the type of relief requested and the court you are filing in.
• Different types of Praecipes include Praecipes for filing a Writ of Summons, Praecipes for filing a Motion, Praecipes for filing a Rule to Show Cause, and Praecipes for filing a Request for Admissions.
• When you have determined the type of Praecipe you need to draft, you can check this off your list and move on to the next step.

Name of the Party Filing the Praecipe

• The party filing the praecipe should be the plaintiff in the case or the petitioner.
• If the praecipe is being filed by an attorney, the attorney’s name should be listed.
• When the name of the party filing the praecipe is complete, you can check this step off your list and move on to the next step.

Name of the Party Responding to the Praecipe

• On the praecipe, the responding party is usually listed as the ‘defendant’ or the ‘respondent’.
• If the praecipe is related to a lawsuit, the responding party is usually the person who the plaintiff is suing.
• If the praecipe is related to a motion, the responding party is usually the defendant.
• Make sure to double-check that all of the information about the responding party is accurate.
• Once you have filled out the name of the responding party, you can move on to the next step.

Name of the Document Sought

• Identify the document sought by the praecipe. Common documents that may be requested include a trial certificate, a transcript of a proceeding, a deposition, or a judgment.
• Verify that the document you are requesting is available, and that the court or other party has it in their possession.
• Compose the request using all the details available, such as dates, court information, and names of parties involved.
• When you have included all the necessary information in the praecipe, you can move on to the next step in the drafting process.

Type of Action or Matter

• Determine what type of action or matter you are filing, such as a complaint, petition, or motion.
• Take note of the type of action or matter you are filing, as this will be important for the next step.
• This step is complete when you have noted the type of action or matter you are filing.

Name of the Judge or Magistrate

• Check the court docket to find out who the judge or magistrate is that is assigned to your case.
• Write down their name and title in the praecipe.
• Check to make sure their name and title are spelled correctly.
• Once you have written down the judge or magistrate’s name and title correctly, you can move on to the next step.

How to Draft a Praecipe?

• Ask the court clerk for the correct form of praecipe for your jurisdiction
• Fill in the form with the following information: court name, case number, name of the party filing the praecipe, name of the other party, and what action you are requesting
• Sign and date the praecipe

You will know you have completed this step when you have filled in the form and signed and dated the praecipe.

Gather Necessary Information

• Research what kind of praecipe needs to be drafted, as praecipes come in different forms
• Determine the purpose of the praecipe, such as filing a complaint or motion
• Gather information regarding the court of jurisdiction, the filing party, the opposing party, and the docket number
• Make sure to have the current address of the opposing party
• Check if there are any local court rules for praecipes that need to be followed
• When you have all the necessary information, you can proceed to the next step of typing or handwriting the praecipe.

Type or Handwrite the Praecipe

• If handwriting, use a black pen and neatly write out the information gathered in the previous step
• If typing, use a standard font such as Times New Roman or Arial and make sure the document is properly formatted
• Include your name, the court’s name, and the case details
• Make sure all the information is accurate and up-to-date
• Double check the praecipe once it’s completed for any mistakes
• When the praecipe is finished and all the information is accurate, you can move on to the next step

Sign and Date the Praecipe

• Sign the document in the designated area with your full name
• Date the document in the designated area
• Once you have signed and dated the praecipe, you have completed this step and can move on to filing the praecipe.

How to File a Praecipe?

• Gather all of the documents needed for filing and make sure they are properly completed and signed
• Contact the court to ask about the filing fee and determine if you need to submit payment with the praecipe
• Submit the praecipe to the court and make sure to keep a copy of the document for your records
• Once your praecipe is accepted, you will be notified by the court and will be able to proceed to the next step in filing your legal documents.

Determine the Filing Fee

• Determine the filing fee amount and type of payment that is accepted.
• Contact the court clerk’s office to determine the filing fee amount and type of payment that is accepted.
• After you have determined the fee and the payment type, you can move on to the next step.

Make Copies of the Praecipe

• Make two photocopies of the Praecipe.
• You may need to make additional copies if you are filing in multiple jurisdictions.
• Make sure the copies are exact and legible.
• When you have completed making the copies, you can move on to the next step of delivering the original Praecipe to the court.

Deliver the Original Praecipe to the Court

• Take the original praecipe to the court clerk’s office.
• Bring an official form of identification and the filing fee, if required.
• Ask the court clerk for the proper procedure for filing the praecipe.
• File the praecipe according to the court clerk’s instructions.
• You will know you have successfully completed this step when you receive a stamped copy of the praecipe from the court clerk.

Retain a Copies of the Filed Praecipe

• Make a photocopy of the original praecipe
• Sign and date the photocopied version
• File the original document and keep the copy with your records
• Once you’ve done all of the above, you can check off this step and move on to the next step.

Tips for Writing and Filing a Praecipe

• Ensure that the praecipe contains all the required information, including the name of the court, the case number, the title of the action, the name of the party filing the praecipe, and the specific relief sought.
• Make sure the praecipe is legible, accurate, and free of errors.
• When filing a praecipe, be sure to attach any supporting documentation that is relevant to the relief being sought.
• Read over the praecipe to ensure that all the necessary information is included and that there are no errors.
• Once you have read and double checked the praecipe, you can proceed to file the document with the court.

You’ll know that the step is complete when you have filed the praecipe with the court.

Be Clear and Concise

• Make sure to be as concise and clear as possible in your praecipe
• When filing your praecipe, provide all relevant information and be sure to double check it for any errors
• Make sure to include your name and address, the name of the court, the title of the case, the name of the opposing party, and the relief you are seeking
• When you have verified that all the information is correct and all the necessary fields are filled out, you can check this step off your list and move on to the next step.

Double Check the Information

• Review the information you provided in the Praecipe to make sure it is accurate
• Check that the form is filled out completely and that you have included all the required information
• Make sure to double check any numbers or dates to ensure accuracy
• Once you have confirmed that the information is correct, you can move on to verifying the filing fee for the Praecipe

Verify the Filing Fee

• Find out the filing fee for the specific court you are filing in
• Check the court’s website for the most up-to-date information about the fee
• Contact the clerk’s office to confirm the fee
• Make sure you have the correct amount of money to cover the fee
• When you have verified the filing fee, you have completed this step and are ready to move on to the next step.

Follow Up After Filing

• Check with the court clerk to ensure that the praecipe was properly filed
• Ensure that all documents relevant to the praecipe have been received by the court
• Confirm that a hearing date has been set
• Monitor the court docket to ensure that the praecipe has been processed
• Once you have verified that all of the above steps have been completed, you can move on to the next step in the guide.

Common Mistakes to Avoid When Drafting a Praecipe

• Avoid misstating or omitting information in the praecipe. This includes the name of the court, the title of the case, and any other pertinent information.
• Do not use incorrect formatting or typeface when preparing the praecipe.
• Be sure to include all of the necessary details as outlined in the court’s local rules.
• When filing the praecipe, make sure that all documents are timely and properly submitted.
• Check that all required fees have been paid and that payment is made on time.

When you’ve completed this step, you will have checked that you have avoided all the common mistakes when drafting a praecipe.

Misstating or Omitting Information

• Verify that all information entered on the form is accurate and complete.
• Double-check that all the information on the form is accurate, including the name of the court, the type of document you are filing, the case number, the parties’ names, and any other required information.
• If you make a mistake, you should amend the form before submitting it.
• When you have verified that all information is accurate, you can move on to the next step.

Failing to Follow Guidelines

• Familiarize yourself with the rules and regulations of the court you are filing in.
• Make sure to follow the instructions of the court exactly.
• When you are sure that your Praecipe follows all regulations and instructions, you can move on to the next step.

Not Submitting the Proper Filing Fee

• Calculate the filing fee based on the type of document you are submitting
• Research the local court’s rules and regulations to find out what the filing fees for your particular document is
• Submit the exact filing fee for your document when you submit the document to the court
• Once you have paid the exact filing fee for your document, you have completed this step and can move on to the next step

Not Retaining Records

• Make sure to properly store and retain all records, documents, and other materials related to the Praecipe.
• This can include records related to the filing fee, the filing date, and the required forms.
• Documents should be stored in a secure and easily accessible location, such as a filing cabinet.
• Once the records have been properly stored and retained, you can check this step off your list and move on to the next step.

Conclusion

• Review any documents you have drafted, and use them to create a Praecipe.
• Make sure to include all relevant information, such as the title of the court, case number, names of the parties, and the date of filing.
• Sign the document and make sure it is properly dated.
• File the Praecipe with the court and make sure to keep a copy for your records.
• You will know you have completed this step when you have filed the Praecipe with the court.

How to Access Additional Resources

• Research online for legal resources related to your praecipe (case law, statutes, precedents, etc.)
• Reach out to your local bar association for more information
• Ask an attorney for advice on resources available to you
• When you have located the resources you need, you can check off this step and move on to the next.

How to Contact an Attorney for Help

• Research local attorneys who specialize in the type of case you are pursuing
• Create a list of potential attorneys to contact
• Contact each attorney and ask questions to determine if they are a good fit for your needs
• Schedule an initial consultation and bring all relevant paperwork with you
• Review each attorney’s payment policies and fee structure carefully
• Make your choice and sign a contract with the attorney you decide to work with

Once you have completed the research, contacted potential attorneys, and chosen the one you would like to work with, you will have completed this step and can move on to the next step.

FAQ:

Q: What is the difference between a Praecipe and a Petition?

Asked by Thomas on April 1st, 2022.
A: A Praecipe is a type of legal document which is used to initiate a civil action. It will typically contain information such as the name of the parties involved, the court in which the action is to be brought and the date of service. A Petition, on the other hand, is an application for relief from a court, usually for the purpose of seeking a judgment or court order. It usually contains much more detail than a Praecipe and can include facts, arguments and legal authority for the requested relief.

Q: How does a Praecipe differ from other types of legal documents?

Asked by Jack on June 3rd, 2022.
A: A Praecipe is most commonly used to initiate an action in civil court. It typically contains information such as the name of the parties involved, which court the action will be brought in, and when it was served. Other types of legal documents may be used to begin a case in criminal court or to modify or terminate an existing lawsuit. Documents such as complaints, motions, and briefs are used to indicate what your position is in the case and provide supporting evidence for your case.

Q: What information must be included when drafting a Praecipe?

Asked by Emma on August 5th, 2022.
A: When drafting a Praecipe there are several important pieces of information that must be included. The names of all parties involved must be included along with their addresses, if known. Additionally, you must state what type of action you are initiating (for example, filing for divorce or contesting an eviction) and provide details about any relevant cases or proceedings that are involved. Finally, you must specify which court you are filing your Praecipe in and include the date that it was served.

Q: Is there any difference between US and UK law when drafting a Praecipe?

Asked by William on October 7th, 2022.
A: While there are some similarities between US and UK law regarding Praecipes, there are also some differences that should be taken into consideration when drafting one. In the US, Praecipes must generally include more detailed information than they do in the UK - such as specifying which court you are filing in and when it was served - whereas in UK law this information may not always be required. Additionally, UK law may require parties to provide additional evidence or information before they can proceed with their case that wouldn’t be required in US law.

Q: What documents should I prepare before drafting my Praecipe?

Asked by Isabella on December 9th, 2022.
A: Before drafting your Praecipe it’s important to make sure that you have all of the necessary documents ready beforehand. This includes any documents that may help support your case such as legal contracts or agreements between parties and any relevant evidence or facts that may help to prove your point of view in court. Additionally, it’s important to make sure that you have all relevant contact information for everyone involved so that you can properly serve them with your Praecipe once it’s been drafted.

Q: Do I need to hire an attorney when drafting a Praecipe?

Asked by Noah on February 11th, 2022.
A: While it is not always necessary to hire an attorney when drafting a Praecipe, it can be beneficial depending on your specific situation and needs. An attorney can provide advice regarding which type of action you should initiate and help you ensure that all necessary information is included in your document before filing it with the court. Additionally, an attorney can provide additional guidance if any issues arise during or after filing your Praecipe - such as making sure that all parties involved have been properly served or addressing any objections raised by opposing counsel during proceedings.

Q: How much does it typically cost to draft a Praecipe?

Asked by Olivia on April 13th, 2022.
A: The cost of drafting a Praecipe will vary depending on who you hire to do it for you and how complicated your situation is. Generally speaking however, you can expect to pay anywhere from $250-$500 USD depending on how many hours are spent working on your document and whether additional research needs to be done before it can be filed with the court. If you’re looking for a more affordable option, some attorneys offer their services on an hourly basis instead of charging a flat fee - this can be especially helpful if you’re dealing with an especially complex situation where more time needs to be devoted to researching applicable laws and regulations before filing your document with the court.

Q: What type of cases typically require a Praecipe?

Asked by Emma on June 15th ,2022 .
A: A Praecipe can be used for almost any type of civil action - including divorce cases, tenant disputes, contract disputes or even personal injury claims - although some cases may require additional documentation depending on their complexity or nature (such as criminal cases). Generally speaking however, if two parties are unable to come to an agreement without outside assistance then they may choose to utilize a Praecipe in order to initiate litigation proceedings against one another through court proceedings instead of attempting to resolve their dispute through negotiation alone.

Q: How long does it take for my Praecipe to become official once I file it? Asked by Mason on August 17th ,2022 .

A: Once you have filed your Praecipe with the appropriate court then it will typically take anywhere from 1-2 weeks for it to become official depending on how busy they are at the time of filing and whether they need any additional documents or information from you before they can move forward with processing your document. Additionally if there are objections raised by opposing counsel during proceedings then this could also delay things further so it’s important to make sure that all parties involved are aware of their rights and obligations so as not to prolong proceedings unnecessarily.

Q: What happens once my Praecipe is filed? Asked by Noah on October 19th ,2022 .

A: Once your Praecipe has been filed with the appropriate court then they will begin processing it right away - typically within 1-2 weeks depending on how busy they are at the time - during which time all relevant parties will be served with notice of its filing so that they can prepare accordingly for any upcoming proceedings related to this matter (such as depositions or hearings). Additionally once its been officially filed then all parties involved must adhere to any deadlines set forth by either the court or opposing counsel throughout these proceedings until its resolved one way or another through either settlement negotiations or judicial ruling(s).

Q: How do I know if my opponent has responded properly after being served my Praecipe? Asked by William on December 21st ,2022 .

A: After being served with notice of your Praecipe filing then your opponent has generally 10-14 days (depending on state laws) within which they must respond appropriately - usually through either sending back their own document outlining their opposition (if applicable) or acknowledging service if no opposition has been made thus far - otherwise they may face penalties set forth by either state law or local court rules regarding failure to respond appropriately within said timeframe (such as default judgments against them). In order for you to determine whether this has been done properly then its best practice to contact either them directly or their attorney representing them in these matters so that they can confirm receipt/response accordingly before taking any further action regarding this matter moving forward (i.e., scheduling hearings/depositions etc.).

Example dispute

Suing a Company for Breach of Contract

• A praecipe is a legal document which formally requests the court to take an action, such as issuing a subpoena or writ.
• A plaintiff may raise a lawsuit referencing a praecipe if they believe that a company has breached a contract.
• The plaintiff must prove that the company has failed to fulfill its contractual obligations, such as providing a service or delivering goods.
• To win the lawsuit, the plaintiff must provide evidence of the breach of contract, such as emails, contracts, or other documentation.
• Settlement may be reached through negotiation or mediation, or the court may order damages to be paid to the plaintiff.
• Damages may include compensation for financial losses and non-monetary damages, such as emotional distress or inconvenience.

Templates available (free to use)

Praecipe For Writ Of Execution Mortgage Foreclosure Pennsylvania
Praecipe For Writ Of Possession Confession Of Judgment In Ejectment Pennsylvania
Praecipe For Writ Of Possession Eviction Or Ejectment Pennsylvania
Praecipe For Writ Of Restitution Evictions Ohio
Praecipe For Writ Of Summons Pennsylvania
Praecipe To Index As Lis Pendens Pennsylvania
Praecipe To Issue An Order For Sheriff S Sale Foreclosures Ohio
Praecipe To Remove Lis Pendens Pennsylvania

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