Alias Process Law and Legal Definition

Alias process is a process that is issued after an earlier process has failed for some reason to accomplish its purpose. Alias execution, alias subpoena, alias summons, and alias writ are all example of alias process.

A second process, issued after the return day, but before the quashing of the original process, is an alias process, and not an original writ commencing the action within the statute of limitations. [Mowery v. Hitt, 155 W. Va. 103, 181 S.E.2d 334, 1971 W. Va. LEXIS 178 (1971).]

The following is an example of a State Statute ( West Virginia) on Alias Process:

W. Va. Code § 56-3-21. Alias process.

If, at the return day of any process, it be not returned executed, an alias or other proper process may be issued without waiting (where the first process is returnable to a term) for the subsequent process to be awarded at rules. And where, for want of a return of the first process against a defendant, any subsequent process is issued, if the former was executed, the officer shall not execute the latter, but shall return the former if it be in his possession, and if he has it not, shall return the latter with an indorsement of the execution of the former, and the proceedings thereupon shall be as if the first had been duly returned.