- Find Attorney
Alias writ is an additional writ or second writ that is issued after an earlier writ of that kind has been issued but has not been effective. The name is derived from a Latin phrase that formerly appeared in alias writs: sicut alias praecipimus, meaning “as we at another time commanded.”
Example of a State Statute on Alias writ
Mont. Code Anno., § 27-18-207 Alias writs.
Whenever a writ of attachment has been lost or whenever it shall appear from the sheriff's return thereof that no property of the party or parties defendant has been levied upon or that the levy made is insufficient to satisfy the full amount of the plaintiff's demand or if, for any reason, the levy of the original writ is void or ineffective, the clerk of the court, upon written demand of the plaintiff or his attorney, shall issue an alias writ in the same form as the original, but no such alias writ shall be issued in an action after the commencement of the trial thereof. No new or additional affidavit or undertaking on attachment shall be required for the issuance of an alias writ. Alias writs of attachment may be issued to the sheriffs of different counties.