Clerk Certification Level II Practice Test

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Which statement about capias and capias pro fine is true?
Correct Answer:
Capias is used to secure appearance when not in custody; Capias Pro Fine applies when absent at judgment or defaults on payment.
Explanation:
The main idea here is understanding how these warrants work to enforce court orders. A capias is issued to secure a person’s appearance in court when they are not in custody; it authorizes arrest so they can be brought before the court to address the matter. A capias pro fine is a specialized form used when someone has been ordered to pay a fine but hasn’t done so, or when they are absent after a judgment. It allows the court to arrest that person to compel payment or appearance related to the fines. So the statement that capias secures appearance when the person isn’t in custody, and capias pro fine applies when the person is absent at judgment or defaults on payment, correctly describes their roles. The other options mix up scope and purpose: capias pro fine isn’t limited to civil disputes and isn’t restricted to cases where the defendant is in custody; capias can be used in traffic-related matters when a driver fails to appear or pay fines.

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