Recordari facias loquelam is a legal term in England that refers to a writ used to transfer a lawsuit or complaint from a lower court to a higher court, specifically one of the courts in Westminster Hall. This term is commonly used in replevin cases and is abbreviated as re. fa. lo.
Recordari facias loquelam is a legal term that means “you cause the plaint to be recorded.” In England, it was a writ used to transfer a lawsuit or complaint from a lower court to a higher court, particularly one in Westminster Hall. John’s case was not progressing favorably in the county court, so his attorney filed a recordari facias loquelam to elevate the case to a superior court. When Mary’s landlord refused to return her security deposit, she initiated a complaint in replevin in the county court. However, the landlord’s lawyer filed a recordari facias loquelam to transfer the case to a higher court. These examples illustrate the utilization of recordari facias loquelam to move a case from a lower court to a higher court. This writ proved particularly beneficial when a party believed they were not receiving a fair hearing in the lower court and desired to have their case heard by a more experienced judge in a superior court.
RFL is a legal writ that allows a party to request the court to remind the opposing party to speak or disclose any relevant information related to the case.
RFL can be used when you believe the opposing party has failed to disclose relevant information or has not fully answered your questions during the discovery process.
To file an RFL, you need to draft a motion or petition explaining why you believe the opposing party should be reminded to speak or disclose information. This motion should be filed with the court and served to the opposing party.
Once you file an RFL, the court will review your motion and determine whether it is appropriate to issue the writ. If the court grants the RFL, the opposing party will be legally obligated to provide the requested information.
RFL can be used in civil cases, particularly during the discovery phase, where parties are required to exchange relevant information and documents.
If the opposing party fails to comply with the RFL, you may file a motion for contempt, asking the court to hold the opposing party in contempt for not obeying the court’s order.
No, RFL is specifically used to compel the opposing party to disclose information or answer questions. If you want to compel a witness to testify, you would need to use a different legal mechanism, such as a subpoena.
RFL is a common law writ that has been adopted in various jurisdictions. However, the specific rules and procedures for using RFL may vary depending on the jurisdiction.
No, RFL is typically used to compel the opposing party to speak or disclose information. If you need information from a third party, you would need to use other legal mechanisms, such as a subpoena or a request for production of documents.
No, RFL cannot be used to compel the opposing party to disclose information that is protected by attorney-client privilege. Privileged information is generally exempt from disclosure unless the privilege is waived.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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