Service of Process
Writ of Assistance
A writ of assistance is an order directing
that a party convey, deliver, or turn over a deed, document, or right of
ownership. This writ, which may also be called a writ of restitution or
writ of possession, usually serves as an eviction from real property. In
addition, if a judgment directs a party to execute a conveyance of land,
to deliver a deed or other document, or to perform any other specific
act, and the party fails to comply within the time specified, the court
may direct the act to be done by some other person appointed by the
court at the cost of the disobedient party. Where so performed, the act
has like effect as if done by the party.
Territorial Limits: The
writ is normally limited to execution within the state in which the
district court is located unless extended by federal statute, rule or
Issued By: The
writ is issued by the Clerk of the U.S. District or Bankruptcy Court, at
the discretion of the judge, after judgment is rendered.
The writ is served by a U.S. Marshal or
other person, presumably a law enforcement officer, specially appointed
by the court in accordance with Federal Rule of Civil Procedure 4.1(a).
Manner of Service:
The writ is served according to the exact
instructions outlined in the writ.
Return: The person who effects service shall make
proof of service by recording the action taken pursuant to the
instructions contained in the writ.
Note: The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
U.S. Attorney's Office and District Court for
specific, authoritative guidance.