Define: Arrest On Mesne Process

An arrest on mesne process refers to the arrest of a person based on a court order issued during the pendency of a lawsuit, typically to secure the defendant’s appearance or to enforce a judgment.

Typically, only the plaintiff or their attorney can request an arrest on mesne process by filing a motion with the court and providing sufficient grounds for the arrest.

The grounds for an arrest on mesne process may vary depending on the jurisdiction, but generally, it requires a showing that the defendant is likely to evade the jurisdiction of the court, hide or dispose of assets, or pose a threat to the plaintiff’s ability to recover damages.

No, an arrest on mesne process is usually only available in civil cases where monetary damages are sought, such as breach of contract or personal injury claims. It is not typically available in criminal cases.

In most cases, no. The defendant is usually entitled to notice and an opportunity to be heard before an arrest on mesne process is granted. However, in exceptional circumstances where immediate action is necessary, the court may grant an ex parte order without prior notice.

Once an arrest on mesne process is granted, law enforcement authorities will execute the order and arrest the defendant. The defendant will then be brought before the court to address the underlying issues of the lawsuit.

The duration of the arrest on mesne process varies depending on the jurisdiction and the specific circumstances of the case. In some cases, the defendant may be released upon posting a bond or providing other forms of security.

Yes, a person can challenge an arrest on mesne process by filing a motion to quash or vacate the arrest order. The defendant must demonstrate that the grounds for the arrest were not met or that the arrest was otherwise improper.

In general, no. Once a person has been arrested on mesne process and brought before the court, further arrests for the same lawsuit are unlikely. However, if new circumstances arise that warrant another arrest, it may be possible.

Yes, a person can be arrested on mesne process even if they reside in a different jurisdiction. The court order can be enforced through cooperation between law enforcement agencies in different jurisdictions or through extradition processes if necessary.