What is a writ of procedendo?

• A. A writ authorizing the county court to proceed with an appeal
• B. A written order by which the county court declares its lack of jurisdiction over an appeal and returns the case to municipal court, which may then proceed to collect judgment
• C. A directive to arrest a suspect during appellate review
• D. A form used to request a new trial

Answer: (A)

A writ of procedendo is a court order that compels a lower court to proceed with the case on appeal toward its final disposition. It’s used when the appellate process has stalled and the court needs to move forward with the appeal to resolution. This fits the idea of directing the county court to proceed with the appeal and advance the case, rather than stopping, remanding for lack of jurisdiction, arresting someone, or handling a new-trial request. The term procedendo literally conveys moving the case forward in the process.