Venire
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
To come; to appear in court. This word is sometimes used as the name of the writ for summoning a jury, more commonly called a venire facias.
Venire facias
That you cause to come. The emphatic clause, used also as the name, of a writ commanding the sheriff to cause to come before the court twelve good and lawful men, &c., qualified as a jury. Though nominally the effective writ for summoning jurors, the distringas (q. V.) long since supplanted the venire facias in English practice, and the venire has been abolished. In some of the United States, the venire has been dispensed with, as a general rule; but in most of them it is still in use. The writ is also termed, more fully, a venire facias juratores.
Venire facias juratores
Was a writ judicial directed to the sheriff, when issue was joined in an action, commanding him to cause to come to Westminster, on such a day, twelve free and lawful men of his county, by whom the truth of the matter at issue might be better known. This writ was abolished by section 104 of the commonlaw procedure act, 1852, and by section 105 a precept issued by the judges of assise is substituted in its place. The process so substituted is sometimes loosely spoken of as a venire. Brown. Venire facias de novo. That you make to come anew. The name of a second jwrit of venire facias, issued to summon a jury for a second trial. In American books, the expressions, to grant a new trial, and a venire de novo, are often used as if equivalent; there is, however, in strictness, this distinction, that venire de novo is awarded as of right for error appearing of record, while new trial is largely obtainable by motion addressed to discretion and founded on extrinsic facts, such as separation of jurors; surprise; excessive damages, &c. Veait et defendit He comes and defends. Venit et dicit. He comes and says.