Which scenario describes capias?

• A. A demand for money from plaintiff
• B. A writ to bring a defendant before the court when not in custody
• C. A search warrant
• D. A subpoena for testimony

Answer: (B)

Capias is a court-issued writ that commands law enforcement to arrest the named person and bring them before the court. It’s used when someone is not in custody or has failed to appear for a court proceeding, to compel their presence. In the scenario described, the goal is to bring a defendant before the court who isn’t in custody, which is exactly what a capias accomplishes. This differs from a money demand (which seeks payment), a search warrant (which authorizes searching for evidence), or a subpoena for testimony (which orders appearance to testify but doesn’t authorize arrest). If the person is already in custody, a capias isn’t needed because they can be brought to court through existing custody.