A capias is a writ issued by which entity?

• A. A court with jurisdiction over the defendant
• B. The police department
• C. A notary public
• D. The defendant's employer

Answer: (A)

A capias is a writ issued by a court with jurisdiction over the defendant. It’s a judicial order that commands a person to appear in court or be brought before the court, usually when someone has failed to appear or comply with a court matter. The police may execute or serve the writ, but they do not issue it. Notaries public only certify documents, not issue legal orders, and an employer has no authority to issue such writs. So the issuing authority must be the court that has the case or the defendant within its jurisdiction.