The court must know the name of the defendant before it can issue a capias.

• A. True
• B. False
• C. Only for misdemeanors
• D. It depends on offense type

Answer: (B)

A capias is a writ that orders law enforcement to arrest a person and bring them to court, usually because someone has failed to appear or to comply with a court order. The idea that the court must know the defendant’s name before issuing such a writ isn’t always true. In practice, a court can issue a capias to compel attendance based on the case and the charge, even if the exact name isn’t yet established in every detail at the moment of issuance. The warrant can later be identified to the actual person once arrest occurs, or it can be framed to cover “the person in default” or “the body of the accused” with identifying details filled in as they are confirmed. The important point is that the purpose of the capias is to compel presence in court, not to delay until every last identifying fact is confirmed.