Bohnsack v. Beck

Darrell Hickman, Justice.

The only issue in this case is whether ARCP Rule 4(i), which generally provides that a summons must be served within 120 days, applies to a writ of scire facias. The trial court held that it applies. We hold that it does not apply and, therefore, reverse the judgment.

The Latin phrase, scire facias, means “that you cause to know.” A writ of scire facias is a writ issued requiring a person against whom it is brought to show cause why a judgment should not be revived. See Black’s Law Dictionary 1208 (5th rev. ed. 1979). On June 30, 1980, the appellant obtained a judgment…