Forms Book For TX
Forms Book For TX
PREFACE
This is the Texas Municipal Courts Education Centers 2011 Forms Book, Tenth Edition, with changes
incorporated from the 82nd Legislature. Several forms have changed due to statutory amendments, and
multiple new forms have been created to ensure that municipal courts have most, if not all, of the forms
necessary to efficiently and effectively process cases and serve the ends of justice. Look for the
icon on
each chapters table of contents to indicate forms that have been added or drastically changed since the last
edition. Some of the new forms include: a subpoena for a child witness, a cash bond posted by a third party on
behalf of a defendant, a judgment in a sexting case against a 17-year-old defendant, addendums to allow a
child defendant to discharge fines and costs by doing community service or attending tutoring in lieu of
payment, forms for cruelly-treated animal hearings, and forms for juror, witness, and peace officer contempt.
Many forms have also been updated to include legislative amendments, including new provisions for Failure
to Attend School Cases and the recusal or disqualification of municipal judges. Updated forms for reporting
to the Department of Public Safety, the Office of Court Administration, and the Comptroller of Public
Accounts are also included.
Take a few moments to review each new form and determine whether it might be of benefit to your
court. Note that the top of each form includes a heading containing our title for the form and any relevant
statute to which it pertains. The chapter title and revision date are located at the bottom of each form along
with a page number for reference within the book. Editors notes are located on some forms in order to
highlight important or unclear areas of law. Your court may delete all of this information for practical use.
Remember that all papers issued out of the court (except for subpoenas) and all documents of the court that
need authenticating should bear the municipal courts seal. Feel free to modify these forms to accommodate
the needs of your court. You may access the forms in Microsoft Word format online at
www.tmcec.com/Resources/Books/Forms_Book and save a copy directly to your courts computer.
We realize that many courts are using software to generate complaints. However, as diverse as the
municipal courts of Texas are, there are several courts that rely on sample complaints from TMCEC and other
courts. In an ongoing effort to conserve paper and encourage use of the TMCEC website, we have removed
the sample complaints from newer editions of the Forms Book. Instead, we have created a Complaint Bank on
the TMCEC website that includes all the model complaints included in previous editions of the Forms Book.
We invite prosecutors and clerks to submit model complaints for varying state-law Class C misdemeanor
offenses. Ideally, we can develop a databank with model language for each of the thousand-plus Class C
misdemeanors in Texas law!
We are constantly revising the forms within this publication, and we greatly appreciate suggestions
and examples from municipal courts across the state, to help make this book as useful and accurate as
possible. This book will be revised again in 2013 to reflect any changes made by the 83rd Legislature and
Texas courts.
Katie Tefft
Program Attorney
August 2011
CAVEAT
This book is intended to serve as only a guide and to provide accurate and current information.
However, it is published with the intention that TMCEC is not engaged in rendering legal or other
professional advice. All users must be responsible for their own legal drafting. Legal drafting should be
accompanied by legal advice and direction from the city attorney.
TMCEC and its employees do not warrant, either expressly or implicitly, that the forms and
information in this volume have not been subject to change, amendment, reversal, or revision.
ACKNOWLEDGEMENTS
Thank you to following individuals for their contributions to this and prior versions of the TMCEC Forms
Book:
W. Clay Abbott, Austin; Laura Anderson, Irving; Cielito Sky Apolinar, Austin; Lidia Ball, Austin;
Courtney Barajas, San Antonio; James Bethke, Austin; Noelia Cortez Benson, Austin; Judge Jan BlacklockMatthews, Lubbock; Judge Martha Brennion-Nease, Tenaha; Michael Brown, Fort Worth; Deanna Burnett,
Carrollton; Margaret Danforth, Austin; Angela DeLuca, College Station; Judge Robert Doty, Lubbock; Dylan O.
Drummond, Austin; Ross Fischer, San Antonio; Beatrice Flores, Austin; Herman Flores, Austin; Tracie Glaeser,
Lewisville; Judge Bonnie Goldstein, Royse City; Mark Goodner, Austin; Nigel Gusdorf, Austin; Jo Dale Guzman,
Austin; Rey Guzman, Austin; Judge Sara Hartin, New Braunfels; Judge Francisco Hernandez, Grand Prairie;
Hector Hernandez, Houston; Judge Brian S. Holman, Lewisville; Paul Isham, Lago Vista; Seth Johnson, Austin;
Annette Jones, Waco; Elisabeth (Gazda) Kaylor, Arlington; Deanie King, Brazoria; Judge Matthew King, Tarrant
County; Claudia Lemon, Boerne; Hope Lochridge, Austin; Judge Kevin Madison, Lakeway; Judge Ninfa Mares,
Fort Worth; Janet Marton, Houston; Karen Meyers, Austin; Judge Ron Meyerson, Austin; Nancy Nicoles, Austin;
Obeng Opoku-Acheampong, Dallas; Ana Otero, Houston; Katherine Peake, Fredericksburg; Elizabeth Price,
Austin; Meichihko Proctor, Austin; Sharon Pruitt, Austin; Judge Robin Ramsay, Denton; Judge Robert Richter,
Missouri City; Cathy Riedel, Austin; Margaret Robbins, Cedar Park; Judge Jay Robinson, Dallas; Sheri Russell,
San Marcos; Patricia Russo, Austin; Judge Jennifer Rymell, Tarrant County; Roxanne Salinas, Austin; Shane
Scribner, Houston; Judge Ed Spillane, College Station; Scott Stevens, Austin; Desiree Taylor, Austin; Katie Tefft,
Austin; Patty Thamez, Austin; Ryan Turner, Austin; Nol Wells, Austin; Judge Steve Williamson, Fort Worth; and
Lois Wright, Austin
ii
TABLE OF CONTENTS
I. OATHS
A.
B.
C.
D.
E.
1
2
3
4
5
II. COMPLAINTS
A. Model Complaint for State Law Violations ................................................................................. 6
B. Model Complaint for City Ordinance Violations ......................................................................... 7
C. Model Application for Citizen Complaint .................................................................................... 8
III. SUBPOENAS & SUMMONS
A. Summons for Defendant...............................................................................................................
B. Parental Summons........................................................................................................................
C. Corporate Summons .....................................................................................................................
D. Subpoena for Witness ..................................................................................................................
E. Subpoena for Child Witness.........................................................................................................
F. Subpoena Duces Tecum ...............................................................................................................
G. Writ of Attachment for Witness Disobeying Subpoena ...............................................................
H. Witness Excuse Letter ..................................................................................................................
IV. WARRANTS & CAPIASES
A. Warrant of Arrest: Judge ..............................................................................................................
B. Warrant of Arrest: Magistrate ......................................................................................................
C. Affidavit for Probable Cause for Arrest Warrant (Under Chapter 45, C.C.P.).............................
D. Affidavit for Probable Cause for Arrest Warrant (Under Chapter 15, C.C.P.).............................
E. Affidavit for Probable Cause for Failure to Appear .....................................................................
F. Affidavit for Probable Cause for Failure to Appear or Violation of Promise to Appear when
Original Charge Filed by Citation .............................................................................................
G. Search Warrant .............................................................................................................................
H. Affidavit for Search Warrant........................................................................................................
I.
Search and Arrest Warrant ...........................................................................................................
J.
Affidavit for Combined Search and Arrest Warrant ....................................................................
K. Blood Search Warrant ..................................................................................................................
L. Affidavit for Blood Search Warrant .............................................................................................
M. Capias (Chapter 23, C.C.P.) .........................................................................................................
N. Capias (Chapter 43, C.C.P.) .........................................................................................................
V. MAGISTRATE DUTIES
A. Presentation Before the Magistrate
1. Magistrates Warning ............................................................................................................
2. Magistrates Determination of Bail and Commitment Form .................................................
3. Application for Further Detention .........................................................................................
4. Release: With Order to Appear ..............................................................................................
5. Release: Magistrates Determination of No Probable Cause .................................................
6. Out-of-County Magistrates Bench Judgment .......................................................................
7. Bail with Ignition Interlock Condition...................................................................................
8. Bail Condition Where Child is Alleged Victim .....................................................................
B. Juveniles
1. Statutory Warning of a Child .................................................................................................
2. Written Statement of a Child .................................................................................................
3. Magistrate's Certification of Child's Written Statement ........................................................
4. Magistrates Determination of Voluntariness Recorded Statement of Child ......................
C. Domestic Violence
1. Magistrates Order of Emergency Protection ........................................................................
2. Clerks Letter: Copy of Magistrates Order of Emergency Protection ..................................
iii
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
31
32
33
34
35
36
38
39
40
41
42
43
44
45
47
49
53
D.
F.
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
VIII. PLEAS
A. Plea Form: By Mail or Delivery to Court .................................................................................... 87
B. Notice to Defendant Following Plea by Mail................................................................................ 88
C. Plea Form: In Person .................................................................................................................... 89
IX. DEFERRED PROCEEDINGS
A. Deferred Disposition
1. Deferred Disposition Order ...................................................................................................
2. Deferred Disposition Order: Defendant Under Age 25 Moving Violation .........................
3. Deferred Disposition: Notice to Defendant to Show Cause...................................................
4. Deferred Disposition: Extension of Deferral Period ..............................................................
5. Judgment: Final Disposition of Deferred Disposition ...........................................................
B. Driving Safety Course
1. DSC Warning Sign ................................................................................................................
2. Request for a Driving Safety Course ....................................................................................
3. Affidavit for a Driving Safety Course ..................................................................................
4. Judgment: Driving Safety Course Granted ...........................................................................
5. Driving Safety Course: Notice to Defendant to Show Cause ...............................................
iv
90
92
94
95
96
97
98
99
100
101
C.
D.
X. TRIAL SETTINGS
A. Non-Jury Trial Setting Form: Defendant Appears by Mail ..........................................................
B. Non-Jury Trial Setting Form: Defendant Appears in Person .......................................................
C. Jury Trial Setting Form: Defendant Appears by Mail ..................................................................
D. Jury Trial Setting Form: Defendant Appears in Person..
E. Election for Jury to Assess Punishment ......................................................................................
F. Pre-Trial Setting ...........................................................................................................................
G. Trial Date Reset Notice ................................................................................................................
H. Order to Summon Venire .............................................................................................................
I.
Jury Service Cover Letter .............................................................................................................
J.
Juror Information Sheet ................................................................................................................
K. Official Model Jury Summons and Questionnaire .......................................................................
L. Jury Panel List (Venire Panel) ..................................................................................................
M. Other Jurors Summoned (Pick Up Jury) ..................................................................................
N. Jury List ........................................................................................................................................
O. Evidence Log Form ......................................................................................................................
P. Verdict: Election for Jury Punishment .........................................................................................
Q. Verdict: Jury Sentence & Bench Punishment...............................................................................
R. Juror/Witness/Defendant Excuse Letter .......................................................................................
S. Certificate of Appreciation for Jury Service.................................................................................
T. Admonishment for Expunction on Acquittal................................................................................
XI. JUDGMENTS & ORDERS
A. Judgment: Jury Waived Guilty ..................................................................................................
B. Judgment: Jury Waived Guilty (Juvenile) .................................................................................
C. Judgment: After Jury Verdict .......................................................................................................
D. Judgment: After Jury Verdict (Juvenile) ......................................................................................
E. Judgment: Forfeiture of Cash Bond in Satisfaction of Fine .........................................................
F. Judgment: Not Guilty (Adult and Juvenile) .................................................................................
G. Order to Refund Cash Bond .........................................................................................................
H. Dismissal by the Court: Compliance Dismissal ...........................................................................
I.
Judgment: Driving or Operating Watercraft Under the Influence of Alcohol by Minor
Guilty ........................................................................................................................................
J.
Judgment: Possession, Purchase, Consumption, or Receipt of Cigarettes or Tobacco
Products by Minor Guilty .......................................................................................................
K. Judgment: Purchase of Alcohol by Minor, Attempt to Purchase Alcohol by Minor,
Consumption by Minor, Minor in Possession of Alcohol, Misrepresentation of Age by
Minor Guilty ..........................................................................................................................
L. Judgment: Electronic Transmission of Certain Visual Material Depicting Minor by 17 Year
Old Defendant - Guilty .............................................................................................................
M. Failure to Attend School Dispositional Order ..............................................................................
N. Order of Drivers License Suspension for Failure to Complete Alcohol or Tobacco
Awareness Program and/or Community Service ......................................................................
O. Optional Orders Applicable to Juveniles ......................................................................................
P. Community Service Addendum - Juveniles .................................................................................
Q. Tutoring or Community Service Addendum - Juveniles ..............................................................
R. Judgment/Jail Credit Addendum (For Persons Age 17 and Older) ..............................................
S. Order for Impoundment of In-State Motor Vehicle .....................................................................
T. Order of Release for Impounded Motor Vehicle ..........................................................................
102
103
104
105
106
108
109
110
111
112
113
114
115
116
117
118
119
120
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
XII. APPEALS
A. Cash Appeal Bond .......................................................................................................................
B. Personal Appeal Bond ..................................................................................................................
C. Surety Appeal Bond ......................................................................................................................
D. Certified Transcript of Proceedings (Court of Non-Record) ........................................................
E. Checklist for Record on Appeal (Court of Record) ......................................................................
153
154
155
157
158
159
160
164
165
166
167
168
169
170
XIV. ENFORCEMENT
A. Capias Pro Fine
1. Clerks Affidavit for Capias Pro Fine ....................................................................................
2. Capias Pro Fine ......................................................................................................................
3. Order of Commitment (Capias Pro Fine)...............................................................................
B. Contempt
1.
Show Cause Notice: Adult Defendant Contempt ................................................................
2.
Show Cause Notice: Adult Contempt (Not a Defendant) ....................................................
3.
Show Cause Notice: Juror Contempt ..................................................................................
4.
Show Cause Notice: Peace Officer .....................................................................................
5.
Show Cause Notice: Witness Contempt ..............................................................................
6.
Contempt: Adult Plea ..........................................................................................................
7.
Judgment of Direct Contempt: Adult ..................................................................................
8.
Judgment of Indirect Contempt: Adult ................................................................................
9.
Judgment of Contempt: Failure to Appear for Jury Service ...............................................
10. Judgment of Contempt: Peace Officer Failure to Serve Process .........................................
11. Judgment of Contempt: Witness Refusal to Obey Subpoena....
C. Civil Collection
1. Abstract of Judgment .............................................................................................................
2. Writ of Execution ..................................................................................................................
XV. JUVENILES
A. Expunction
1.
Alcoholic Beverage Code Offenses
a.
Application for Expunction: Alcoholic Beverage Code Offenses ..............................
b.
Order for Expunction of Records: Alcoholic Beverage Code Offenses .....................
2.
Failure to Attend School
a.
Failure to Attend School: Notice of Expunction Rights .............................................
b.
Application for Expunction: Failure to Attend School ...............................................
c.
Order for Expunction of Records: Failure to Attend School ......................................
3.
Tobacco Offenses
a.
Application for Expunction: Tobacco Offenses .........................................................
b.
Order for Expunction of Records: Tobacco Offenses ................................................
4.
Penal Offenses
a. Notice of Expunction Rights: Penal Offenses/Deferred Disposition/Teen
Court .......................................................................................................................
b.
Application for Expunction: Penal Offenses ..............................................................
c.
Order for Expunction of Records: Penal Offenses .....................................................
B. Failure to Attend School Cases
1.
Affidavit for Complaint: Failure to Attend School - School Attendance Officer ................
2.
Complaint: Failure to Attend School ...................................................................................
3.
Affidavit for Complaint: Parent Contributing to Non-Attendance ......................................
vi
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
190
191
192
194
195
197
198
199
201
202
203
C.
D.
4.
Failure to Attend School Dispositional Order......................................................................
5.
Dismissal of Untimely Failure to Attend School Complaint ...............................................
General Forms
1.
Order to Take into Nonsecure Custody Offender under Age 17.......................................
2.
Report to Juvenile Court of Complaint Filed .......................................................................
3.
Waiver of Jurisdiction and Transfer to Juvenile Court ........................................................
4.
Optional Orders Applicable to Juveniles .............................................................................
Youth Accountability & Enforcement
1.
Notice of Continuing Obligation to Inform Court of Childs Residence .............................
2.
Statement/Change of Residential Address ...........................................................................
3.
Complaint: Violation of Continuing Obligation to Inform Court of Childs Address .........
4.
Judgment Addendum: Child Contempt Warning.................................................................
5.
Contempt Show Cause Notice: Child ..................................................................................
6.
Judgment of Contempt by a Child .......................................................................................
7.
Order Referring Child to Juvenile Court for Delinquent Conduct .......................................
8.
Notice of Continuing Obligation to Appear: JNA ...............................................................
9.
Complaint: Violation of Continuing Obligation to Appear .................................................
10. Clerks Affidavit for Capias Pro Fine: JNA ........................................................................
11. Capias Pro Fine: JNA ..........................................................................................................
12. Order of Commitment (Capias Pro Fine): JNA ...................................................................
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
225
226
227
228
229
230
231
232
233
234
235
237
238
239
240
241
242
243
244
245
246
247
248
253
254
255
257
3.
C.
D.
E.
258
259
260
261
262
268
269
270
271
272
278
284
286
viii
294
295
296
297
298
299
300
301
ABBREVIATIONS
USED IN THIS FORMS BOOK
A.B.C.
Art.
Article
C.C.P.
E.C.
Education Code
F.C.
Family Code
G.C.
Government Code
H.S.C.
JNA
No.
Number
P.C.
Penal Code
Sec.
Section
T.C.
Transportation Code
TMCEC
VACS
ix
OATHS
OATHS
Table of Contents
Anti-Bribery Oath of Appointed Officer .................................... 1
Anti-Bribery Oath of Elected Officer ......................................... 2
Oath of Office ............................................................................. 3
Oath for Language Interpreter .................................................... 4
Oath for Interpreter for Deaf or Hard of Hearing Juror,
Defendant, or Witness ............................................................. 5
ANTI-BRIBERY OATH OF APPOINTED OFFICER (Pursuant to Tex. Const. Art. XVI, Sec. 1(b), amended 2001)
_________________________________
Affiant
_________________________________
Office to Which Appointed
_________________________________
City
Sworn to and subscribed before me by affiant on this _____ day of _______________, 20___.
_________________________________
Signature of Person Administering Oath
Editors Note: File with your city before filing the Oath of Office.
OATHS 08/11
ANTI-BRIBERY OATH OF ELECTED OFFICER (Pursuant to Tex. Const. Art. XVI, Sec. 1(b), amended 2001)
_________________________________
Signature of Person Administering Oath
Editors Note: File with your city before filing the Oath of Office.
OATHS 08/11
OATH OF OFFICE (Tex. Const. Art. XVI, Sec. 1(a), amended 2001)
I, ________________________________________, do solemnly swear (or affirm), that I will faithfully execute the
duties of the office of __________________________________ of the State of Texas, and will to the best of my ability
preserve, protect, and defend the Constitution and the laws of the United States and of this State, so help me God.
______________________________
Affiant
Sworn to and subscribed before me by affiant on this _____ day of _______________, 20___.
_________________________________
Signature of Person Administering Oath
(municipal court seal)
_________________________________
Printed Name
_________________________________
Title
OATHS 08/11
I, ________________________________, do swear (or affirm) that I will truly and correctly interpret for the court, jury, attorneys,
defendant, and the person being examined in all of the proceedings in this case into the language the (witness) (accused)
understands, and I will repeat the statements made by said (witness) (accused) in the English language to the best of my skill and
judgment (so help me God).
I shall not influence or attempt to influence or give my personal views regarding any part of the proceedings or the evidence
presented at this trial to the (witness) (accused)."
___________________________________________
Signature of Interpreter
___________________________________________
(Judge) (Clerk) (Bailiff), Municipal Court
City of _____________________________________
_______________________________ County, Texas
Editors Note: Article 38.30(a), C.C.P., requires than an interpreter be sworn to interpret for the person charged or the witness.
Although there is no statutory requirement that the oath be taken in writing, signed, or filed in the courts record, it is
recommended to ensure some documentation that the oath requirement has been met. This is especially so in courts of non-record
where there is no transcript.
Generally, appointed interpreters must be licensed by the Texas Department of Licensing and Regulation. To interpret in a
municipal court of record, the interpreter must hold a license with a master designation, unless the proceeding is one in which the
judge is acting as a magistrate. In that case, and for all interpreter appointments in municipal courts of non-record, the appointed
interpreter may hold a license with the basic designation. Sec. 57.043(d), G.C.
Courts in cities located in counties that have less than 50,000 population are not required to appoint a state licensed interpreter, but
the interpreter must be qualified as an expert under the Texas Rules of Evidence, must be at least 18 years of age, and may not be a
party to the proceeding. In a county of 50,000 or more, if the language needing translation is not Spanish and a licensed interpreter
is not available within 75 miles of the court, the court may swear a non-licensed interpreter subject to the same qualifications. Sec.
57.002, G.C. A qualified telephone interpreter may be sworn to interpret if an interpreter is not available to appear in person before
a court or if the only available interpreter is not considered to possess adequate interpreting skills for the particular situation or is
unfamiliar with the use of slang. A qualified telephone interpreter means a telephone service that employs (1) licensed court
interpreters, licensed by the State of Texas under Section 57.001, G.C.; or (2) federally certified court interpreters. Art. 38.30,
C.C.P.
OATHS 08/11
OATH FOR INTERPRETER FOR DEAF OR HARD OF HEARING JUROR, DEFENDANT, OR WITNESS (Art. 38.31, C.C.P)
OATH FOR INTERPRETER FOR DEAF OR HARD OF HEARING (JUROR) (DEFENDANT) (WITNESS)
"I, _________________________, am a qualified interpreter for the deaf who holds a current legal certificate issued by the
National Registry of Interpreters for the Deaf or a current court interpreter certificate issued by the Board of Evaluation of
Interpreters at the Department of Assistive and Rehabilitative Services.
I do swear or affirm that I will make a true interpretation to the (juror) (person accused) (person being examined) of all the
proceedings (and deliberations of the jury) in this case in a language that he/she understands; and that I shall repeat said deaf
persons statements, questions, and answers to counsel, the court, or the jury, in the English language, in my best skill and
judgment.
(I shall not influence or attempt to influence or give my personal views regarding any part of the proceedings or the evidence
presented at this trial to any juror or jurors and shall not divulge to any person any part of the jury's deliberations under penalty of
perjury.)"
___________________________________________
Signature of Interpreter
___________________________________________
(Judge) (Clerk) (Bailiff), Municipal Court
City of ____________________________________
_______________________________ County, Texas
Editors Note: Article 38.31(e), C.C.P., requires than an interpreter appointed under this section take an oath. Although there is no
statutory requirement that the oath be taken in writing, signed, or filed in the courts record, it is recommended to ensure some
documentation that the oath requirement has been met. This is especially so in courts of non-record where there is no transcript.
OATHS 08/11
COMPLAINTS
COMPLAINTS
Table of Contents
Model Complaint for State Law Violations...................................... 6
Model Complaint for City Ordinance Violations ............................. 7
Model Application for Citizen Complaint ........................................ 8
Editors Note: Sample complaints for several state law offenses can now be
found on the TMCEC website at: www.tmcec.com/Resources/Complaints.
TMCEC encourages cities to submit model complaints for various state law
Class C misdemeanors to help build the Complaint Bank.
This chapter includes a model complaint for state law offenses and city
ordinance violations, showing the statutory requirements for a complaint
under Article 45.019, C.C.P. Also included is a model application for a citizen
wishing to file a complaint against another citizen in the municipal court.
Upon review of this application, the city prosecutor would determine whether
to file a complaint (formal charging instrument) against a defendant under
Article 45.019, C.C.P. The citizen-complainant could then sign the complaint
as affiant. Note, however, that in municipal court, anyone can file a complaint
and swear to it as affiant. Thus, this application process is not legally
necessary, just a suggested form for cities that choose to implement a policy
providing for prosecutor review.
STATE OF TEXAS
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
Editors Note: Although complaints in municipal court are often sworn to before a court clerk or deputy clerk, the jurat (person
before whom the affiant swear to the complaint) can also be the judge, city attorney, deputy city attorney, or city secretary. Art.
45.019(e), C.C.P.
COMPLAINTS 08/11
STATE OF TEXAS
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
Editors Note: Although complaints in municipal court are often sworn to before a court clerk or deputy clerk, the jurat (person
before whom the affiant swear to the complaint) can also be the judge, city attorney, deputy city attorney, or city secretary. Art.
45.019(e), C.C.P.
COMPLAINTS 08/11
TO:
1) The citizen must, in good faith, make full, fair, and honest disclosure of all facts and circumstances known to him/her at
the time this application for complaint is filed. The facts, as presented, must be in the form of an affidavit and provided
under oath. Said affidavit will form the basis of any further investigation and the charging instrument.
2) The citizen-complainant must be sworn and sign both the application for complaint and the complaint (when prepared by
the city prosecutor).
3) The citizen-complainant must be willing to appear in Court to testify against the defendant if the charges are contested
(i.e., the accused pleads not guilty).
4) The prosecutor reserves the right to subpoena the presence of the citizen-complainant and enforce the subpoena by
ordering a police officer to bring the citizen-complainant to Court.
5) The defendant may file a counter-complaint if the citizen-complainant has also been involved in some illegal activity.
Please be advised that any statement made at this time or in the future to a police officer, prosecutor, or other city
investigative personnel may be used against you should the counter-complaint go forward to trial. Please be advised that
when speaking to the prosecutor, the prosecutor represents the State of Texas, and no attorney-client relationship is
established by any communications with regard to the application for the complaint or any matters related thereto.
6) Once this complaint is accepted by the prosecutor and filed with the court, only the judge, upon recommendation of the
prosecutor, has the authority to dismiss a complaint.
________________________________________
Citizen-Complainant Signature
________________________________________
Date
COMPLAINTS 08/11
DATE: __________________________________________________________________________________________________
COMPLAINANTS NAME: _________________________________________________________________________________
ADDRESS: ______________________________________________________________________________________________
CITY, STATE, ZIP: ________________________________________________________________________________________
PHONE (HOME): _____________________________________
WORK: ___________________________________________
WORK: ___________________________________________
DESCRIPTION OF DEFENDANT
RACE: ________________
SEX: ____________________
WEIGHT: _____________
AGE: __________
MAKE: ________________________________
YEAR: ___________________
WHAT IS YOUR COMPLAINT? (Describe with as much detail as possible use as many pages as necessary to fully, fairly,
and honestly relate all material facts and circumstances.)
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
COMPLAINTS 08/11
NAME: __________________________________________________________________________________________________
ADDRESS: ______________________________________________________________________________________________
CITY, STATE, ZIP: ________________________________________________________________________________________
PHONE (HOME): _____________________________________
WORK: ___________________________________________
NAME: __________________________________________________________________________________________________
ADDRESS: ______________________________________________________________________________________________
CITY, STATE, ZIP: ________________________________________________________________________________________
PHONE (HOME): _____________________________________
WORK: ___________________________________________
NAME: __________________________________________________________________________________________________
ADDRESS: ______________________________________________________________________________________________
CITY, STATE, ZIP: ________________________________________________________________________________________
PHONE (HOME): _____________________________________
WORK: ___________________________________________
I swear that the statements made herein are within my personal knowledge and are true and correct.
________________________________________________________
____________________________________________
Date
________________________________________________________
____________________________________________
Filing Date
RECOMMENDATION: ___________________________________________________________________________________
COMPLAINTS 08/11
10
SUBPOENAS
&
SUMMONS
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
11
VS.
CITY OF __________________
_____________________
A Minor Child
__________COUNTY, TEXAS
_________________________________________
Judge, Municipal Court
City of ____________________________________
______________________________County, Texas
...........................................................................................................................................................................................................................
OFFICERS RETURN
Came to hand the _____ day of ______________________, 20___, at _____oclock ____.m., and executed the _______ day of
________________________, 20___ at ____oclock _____.m. by Delivering a copy of this Summons to the person personally
Leaving a copy of this Summons at the persons dwelling house or usual place of abode with some person of suitable age and
discretion then residing therein Mailing a copy of this Summons to the persons last known address.
Returned on this the ___day of __________________, 20___.
Address:
______________________________________
Peace Officers Signature
12
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
Editors Note: Attach to this summons a certified copy of the complaint against the corporate defendant.
*If a registered agent has not been designated or cannot with reasonable diligence be found at the registered office, then the
peace officer shall serve the summons by personal delivery to the president or vice-president of the corporation. See Article
17A.04, C.C.P., for rules on service.
13
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
Editors Note: The person named in the subpoena to summon the witness may, in lieu of a peace officer, be any person at
least 18 years of age who is not a participant in the proceeding. Art. 24.01(b)(2), C.C.P. If a subpoena is being served on the
witness by electronic mail, the subpoena must contain notice that an acknowledgement of receipt of the subpoena must be made
in a manner enabling verification of the person acknowledging receipt. Art. 24.04(c), C.C.P. A subpoena cannot be served by
certified mail if the applicant for the subpoena makes that request in writing or if the proceeding for which the witness is being
subpoenaed is set to begin within seven business days after the date the subpoena would be mailed. Art. 24.04(a)(4), C.C.P.
14
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
15
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
HEREIN FAIL NOT, and make due return hereof, showing how you executed the same.
WITNESS my official signature, this _____ day of _______________, 20___.
_________________________________________
(Judge) (Clerk) (Deputy Clerk), Municipal Court
City of ___________________________________
_____________________________County, Texas
...........................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20___, and executed the _____ day of _______________, 20___, by
reading the subpoena in the hearing of the witness.
delivering a copy of the subpoena to the witness.
electronically transmitting a copy of the subpoena, acknowledgement of receipt requested, to the witnesss last known electronic
address, to wit: ________________________________________________________, and acknowledgement of receipt attached.
mailing a copy of the subpoena by certified mail, return receipt requested, to the witnesss last known address, to wit:
__________________________________________________________________________________________, and by delivery
of the return receipt, attached hereto, to me by the United States Postal Service on the _____ day of ______________, 20___.
or not executed as to the witness _______________________________________, the diligence used in finding said witness being:
and the information received as to the whereabouts of the said witness being:
Returned on this the _____ day of _______________, 20___.
____________________________________
Official Signature of Executing Officer
Editors Note: See note on Subpoena for Witness, which applies for all subpoenas.
16
WRIT OF ATTACHMENT FOR WITNESS DISOBEYING SUBPOENA (Arts. 24.11 and 24.12, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
___________________
___________COUNTY, TEXAS
...........................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20___, and executed on the _____ day of _______________, 20___, by
taking the body of the above named person and bringing him/her before the court at ______________ oclock ____.m.
Returned on this the _____ day of _______________, 20___.
____________________________________
Officers Signature
17
MUNICIPAL COURT
CITY OF _______________________
__________________________________________
(Judge)(Bailiff)(Clerk), Municipal Court
City of ____________________________________
______________________________ County, Texas
18
WARRANTS &
CAPIAS
STATE OF TEXAS
VS.
CITY OF __________________
_________________
THE STATE OF TEXAS, TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
You are hereby commanded to arrest ___________________________, Defendant, and bring (him) (her) before the Municipal
Court named above on the ____ day of _______________, 20___. Said Defendant has been accused of the fine-only misdemeanor
offense:
,
which is against the laws of the State of Texas and/or against the city ordinances of said city.
Herein fail not, but make due service and return of this warrant of arrest, showing how you executed the same.
Signed this _____ day of _______________, 20__.
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by ____________________________________________
_______________________________________________________________________________________________.
__________________________________________
Peace Officer
19
CITY OF _________________________
_________________________ COUNTY
THE STATE OF TEXAS, TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
You are hereby commanded to arrest ___________________________, Defendant, to be dealt with according to law. Said
Defendant has been accused of the (felony) (misdemeanor) offense: _____________________________________________________,
which is against the laws of the State of Texas and/or against the city ordinances of said city.
Herein fail not, but make due service and return of this warrant of arrest, showing how you executed the same.
Signed this _____ day of _______________, 20__.
_________________________________________
Magistrate
Municipal Judge, City of ____________________
____________________________ County, Texas
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by
.
__________________________________________
Peace Officer
20
AFFIDAVIT FOR PROBABLE CAUSE FOR ARREST WARRANT (Under Chapter 45, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
AFFIDAVIT
My name is ________________________________ and I have good reason to believe and do believe that the offense of:
______________________________________________________ has been committed within the territorial limits of the City of
______________________, ___________________ County, State of Texas, as set forth in the attached reports and documents
that are incorporated herein as if set forth in their entirety.
Affiants belief is based on the following:
Affiants personal investigation of this offense, which is described in the attached reports and documents.
Information received from _______________________, a peace officer who Affiant believes to be credible and who
personally participated in the investigation of this offense, whose information is described in the attached reports and
documents.
______________________________
Affiant
BEFORE ME, the undersigned authority, on this day personally appeared ________________________________,
known to me to be the person whose name is subscribed to the above statement, and after being sworn by me, duly stated that the
statements contained herein are true and correct to the best of his/her knowledge.
Sworn to and subscribed before me on this the __________ day of ________________________, 20___.
_________________________________________________________
(Judge)(Clerk)(Notary Public in and for the State of Texas)
21
AFFIDAVIT FOR PROBABLE CAUSE FOR ARREST WARRANT (Under Chapter 15, C.C.P.)
CITY OF _________________________
_________________________ COUNTY
AFFIDAVIT
My name is _________________________ and I have good reason to believe and do believe that the offense of: _______
_______________________________________________ has been committed in ___________________ County, State of Texas,
as set forth in the attached reports and documents that are incorporated herein as if set forth in their entirety.
Affiants belief is based on the following:
Affiants personal investigation of this offense, which is described in the attached reports and documents.
Information received from _______________________, a peace officer who Affiant believes to be credible and who
personally participated in the investigation of this offense, whose information is described in the attached reports and
documents.
______________________________
Affiant
BEFORE ME, the undersigned authority, on this day appeared (personally) (through an electronic broadcast system)
________________________________, known to me to be the person whose name is subscribed to the above statement, and after
being sworn by me, duly stated that the statements contained herein are true and correct to the best of his/her knowledge.
Sworn to and subscribed before me on this the __________ day of ________________________, 20___.
_________________________________________________________
(Magistrate)(Clerk)(Notary Public in and for the State of Texas)
22
AFFIDAVIT FOR PROBABLE CAUSE FOR FAILURE TO APPEAR (Sec. 38.10(a), P.C.)
CITY OF __________________
__________COUNTY, TEXAS
AFFIDAVIT
I, ____________________________, being duly sworn on oath, state that I have good reason to believe and do believe that:
On or about the _____ day of ___________, 20__, in the City of ___________________________, ____________________
County, Texas, _______________________________, the Defendant, committed the offense of Failure to Appear. My belief of the
above is based upon the following: ________________________________________________________________________________
___________________________________________________________________________________________________________.
On this day, Affiant personally examined the official court records in Cause Number______________. Defendant is charged with
the offense of ________________________________________________________________________________________________,
a misdemeanor. On _________________, 20___, Defendant was in the custody of __________________________ and was released
from custody that day. Defendant's (bail)(order of release) states that it is conditioned upon Defendant subsequently appearing in this
Court at _______ o'clock, ___.m. on ________________________, 20___.
Affiant was present in the courtroom at the above stated time and date when the docket, including the Defendant's name, was
called. The Defendant did not answer, did not appear, and did not appear by counsel.
Affiant is custodian of the court records and has examined the records to determine if the Defendant appeared as required.
The court records show that the Defendant did not appear and did not appear by counsel.
___________________________________
Affiant
Sworn to and subscribed before me on this the _____ day of _______________, 20__.
________________________________________________
(Judge)(Clerk)(Notary Public in and for the State of Texas)
23
AFFIDAVIT FOR PROBABLE CAUSE FOR FAILURE TO APPEAR OR VIOLATION OF PROMISE TO APPEAR WHEN
ORIGINAL CHARGE FILED BY CITATION (Sec. 38.10(a), P.C. and Sec. 543.009(b), T.C.)
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
AFFIDAVIT
I, ______________________________, being duly sworn on oath, state that I have good reason to believe and do believe that:
On or about the _____ day of _______________, 20___, in the City of_________________, in_________________ County,
Texas, ______________________________________, the Defendant, did willfully violate (his)(her) written promise to appear in
court.
On this day, Affiant reviewed the citation issued to the Defendant by a licensed Texas peace officer, who arrested and released the
Defendant and identified the Defendant as:
Name: ______________________________________________ Race: _______________________ Sex:
Address: _________________________________________________________________________________________________
Date of Birth: _________________________________ Texas Driver's License: ________________________________________
Affiant saw that the citation contained the name and address given by the Defendant, the license number of the vehicle, charged the
offense of ___________________________________________________________________________________________________,
stated the time and place, when and where the Defendant was to appear, and showed that the Defendant gave (his)(her) written promise
to appear by (his)(her) signature to the written notice prepared by the officer. A true and correct copy of the citation is attached and
incorporated by reference.
Affiant was present in the courtroom at the above stated time and date when the docket, including the Defendant's name, was
called. The Defendant did not answer, did not appear, and did not appear by counsel.
Affiant is custodian of the court records and has examined the records to determine if the Defendant appeared as required.
The court records show that the Defendant did not appear and did not appear by counsel.
___________________________________
Affiant
Sworn to and subscribed before me on this the _____ day of _______________, 20__.
_______________________________________________
(Judge)(Clerk)(Notary Public in and for the State of Texas)
24
CITY OF _________________________
_________________________ COUNTY
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at __________ o'clock ___.m. and executed on the _____ day of
_______________, 20__, at __________ o'clock ___.m. by __________________________________________________________
___________________________________________________________________________________________________________.
__________________________________________
Peace Officer
25
CITY OF _________________________
_________________________ COUNTY
AFFIDAVIT
My name is ___________________ and I am commissioned as a peace officer by ______________________________________.
1. There is in ____________ County, Texas, a suspected place and premises described and located as follows:
__________________________________________________________________________________________. Said
suspected place, in addition to the foregoing description, also includes all other buildings, structures, places, and
vehicles on said premises and within the curtilage, if said premises is a residence, which are found to be under the
control of the suspected party named below and in, on, or around which said suspected party may reasonably reposit
or secrete property that is the object of the search requested herein. Attached as Exhibit A is a diagram illustrating the
relative location of the place to be searched; it is to be considered as part of the affidavit as if written herein.
2. Said suspected place is in the charge of and controlled by each of the following named and/or described suspected
parties, to wit: ___________________________________________________________________________________
3. It is the belief of Affiant that said suspected place contains in violation of the laws of the State of Texas the following
property: _______________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
3. Affiant has probable cause for said belief by reason of the following facts and circumstances: ____________________
_______________________________________________________________________________________________
WHEREFORE, Affiant asks for issuance of a warrant that will authorize Affiant and other peace officers to search said
suspected place and premises for the property described above and seize the same.
____________________________
Affiant
BEFORE ME, the undersigned authority, on this day personally appeared the Affiant herein, a peace officer under the
laws of the State of Texas, who, being sworn by me, duly stated that the statements contained herein are true and correct to the best
of his/her knowledge.
Subscribed and sworn to before me on this the __________ day of ________________________, 20___.
___________________________________________________
(Magistrate)(Clerk)(Notary Public in and for the State of Texas)
26
SEARCH AND ARREST WARRANT (Arts. 18.02, 18.03, 18.04, and 15.02, C.C.P.)
CITY OF _________________________
_________________________ COUNTY
27
AFFIDAVIT FOR COMBINED SEARCH AND ARREST WARRANT (Art. 18.02(1-9), C.C.P.)
CITY OF _________________________
_________________________ COUNTY
AFFIDAVIT
My name is ___________________ and I am commissioned as a peace officer by ___________________.
1.
2.
3.
4.
5.
There is in ____________ County, Texas, a suspected place and premises described and located as follows: ___
. Said
suspected place, in addition to the foregoing description, also includes all other buildings, structures, places, and
vehicles on said premises and within the curtilage, if said premises is a residence, which are found to be under
the control of the suspected party named below and in, on, or around which said suspected party may reasonably
reposit or secrete property that is the object of the search requested herein. Attached as Exhibit A is a diagram
illustrating the relative location of the place to be searched; it is to be considered as part of the affidavit as if
written herein.
Said suspected place is in the charge of and controlled by each of the following named and/or described
suspected parties, to wit: ________________________________________________________________.
It is the belief of Affiant that said suspected party has possession of and is concealing at said suspected place in
violation of the laws of the State of Texas the following property: _____________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________.
Affiant has good reason to believe, does believe, and hereby charges and accuses that on or about
____________________________ in ____________________________ County, Texas, the suspected party
committed an offense against the laws of the State of Texas, to wit: ____________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________.
Affiant has probable cause for said belief by reason of the following facts and circumstances: _______________
___________________________________________________________________________________________
__________________________________________________________________________________________.
WHEREFORE, Affiant asks for issuance of a warrant that will authorize Affiant and other peace officers to search said
suspected place and premises for the property described above and seize same, and to arrest and search each suspected party
named and described herein and others unknown to affiant found to be occupants of and in control of said premises.
____________________________
Affiant
BEFORE ME, the undersigned authority, on this day personally appeared the Affiant herein, a peace officer under the
laws of the State of Texas, who, being sworn by me, duly stated that the statements contained herein are true and correct to the best
of his/her knowledge.
Subscribed and sworn to before me on this the __________ day of ________________________, 20___.
___________________________________________________
(Magistrate)(Clerk)(Notary Public in and for the State of Texas)
28
CITY OF _________________________
_________________________ COUNTY
Sex: ____________
Weight: ________ lbs
DOB:
Hair color:
Herein fail not, but make due service and return of this warrant, showing how you executed the same.
Signed this _____ day of _______________, 20__.
_______________________________________
Magistrate
Municipal Judge, City of___________________
County, Texas
Affiant
Editors Note: Effective September 1, 2009, any magistrate who is a licensed Texas
attorney may issue a search warrant to collect a blood specimen from a person who is
arrested for certain intoxication or alcohol offenses and refuses to submit to a breath or
blood alcohol test.
29
CITY OF _________________________
_________________________ COUNTY
Sex: _____________
DOB:
Height: ________
Hair color:
Therefore you are hereby ordered and commanded to cooperate with any peace officer requesting your professional
assistance in the execution of this warrant.
Herein fail not, as this Order, directed to any individual whose aid and assistance is requested by the officer bearing the
accompanying search warrant, is authorized by the full authority of this Court to issue warrants and orders to enforce the laws of
the State of Texas, and Article 18.08, Code of Criminal Procedure. Any individual who fails to comply with this Order when
requested shall be liable for contempt of this Court and subject to all penalties authorized by law.
Ordered this the _____ day of ______________, 20___ at ________ oclock __.m.
Magistrate
Municipal Judge, City of___________________
___________________________ County, Texas
30
CITY OF _________________________
_________________________ COUNTY
AFFIDAVIT
Sex: _____________
Weight: ________ lbs
DOB:
Hair color:
Said suspected person is presently in the custody of a law enforcement agency, namely the ___________________,
which will present the suspect to execute the warrant requested herein.
2. Said suspected person has possession of and is concealing human blood, which constitutes evidence that the suspect
committed the following offense:
3. Affiant has probable cause for his/her belief the suspected person committed the above-described offense by reason of
the following facts and circumstance: ________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
4. Affiant placed said suspected person under arrest and requested a sample of the suspected persons breath or blood,
which the suspected person refused to provide.
WHEREFORE, Affiant asks for issuance of a search warrant that will authorize Affiant or Affiants agent to search the
person of the suspect for the blood evidence described above and seize the same as evidence that the offense described was
committed and that the suspect committed said offense.
____________________________
Affiant
BEFORE ME, the undersigned authority, on this day personally appeared the Affiant herein, a peace officer under the
laws of the State of Texas, who, being sworn by me, duly stated that the statements contained herein are true and correct to the best
of his/her knowledge.
Subscribed and sworn to before me on this the __________ day of ________________________, 20___.
___________________________________________________
(Magistrate)(Clerk)(Notary Public in and for the State of Texas)
31
VS.
CITY OF __________________
__________________
__________COUNTY, TEXAS
THE STATE OF TEXAS, TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
You are hereby commanded to arrest ___________________________, Defendant, and bring (him)(her) before the Municipal
Court named above (immediately) (on the ____ day of ____________, 20___). Said Defendant has been accused of the fine-only
misdemeanor offense: _____________________________________________________________, which is against the laws of the
State of Texas and/or against the ordinances of said city.
Herein fail not, but make due service and return of this writ of capias on ____________________, 20__, showing how you
executed the same.
Signed this _____ day of _______________, 20__.
_____________________________
Judge, Municipal Court
City of _______________________
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at __________ o'clock ___.m. and executed on the ______________ day of
_______________, 20__, at __________ o'clock ___.m. by
.
_________________________
Peace Officer
32
VS.
CITY OF __________________
__________________
__________COUNTY, TEXAS
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at __________ o'clock ___.m. and executed on the ______________ day of
_______________, 20__, at __________ o'clock ___.m. by
.
_________________________
Peace Officer
33
MAGISTRATE
DUTIES
MAGISTRATE DUTIES
Table of Contents
Presentation Before the Magistrate
Magistrate's Warning ................................................................................................................................................... 34
Magistrate's Determination of Bail and Commitment Form ........................................................................................ 35
Application for Further Detention ................................................................................................................................ 36
Release: With Order to Appear .................................................................................................................................... 38
Release: Magistrate's Determination of No Probable Cause ........................................................................................ 39
Out-of-County Magistrate's Bench Judgment .............................................................................................................. 40
Bail with Ignition Interlock Condition ......................................................................................................................... 41
Bail Condition Where Child is Alleged Victim ........................................................................................................... 42
Juveniles
Statutory Warning of a Child ....................................................................................................................................... 43
Written Statement of a Child........................................................................................................................................ 44
Magistrate's Certification of Child's Written Statement ............................................................................................... 45
Magistrate's Determination of Voluntariness Recorded Statement of Child ............................................................ 47
Domestic Violence
Magistrate's Order of Emergency Protection ............................................................................................................... 49
Clerk's Letter: Copy of Magistrate's Order of Emergency Protection ......................................................................... 53
Motion to Modify Magistrate's Order of Emergency Protection ................................................................................. 54
Order Modifying Magistrate's Order of Emergency Protection ................................................................................... 55
Mental Health Issues
Application for Emergency Detention ......................................................................................................................... 56
Order for Issuance of Mental Health Warrant .............................................................................................................. 57
Mental Health Warrant for Emergency Detention ....................................................................................................... 58
Sheriff's Notification Person in Custody with Possible Mental Illness/Mental Retardation ..................................... 59
Magistrate's Order for Mental Illness/Mental Retardation Exam ................................................................................ 60
Order into Custody for Mental Illness/Mental Retardation Exam ............................................................................... 61
Warrant for Mental Health/Mental Retardation Exam Person Failing to Submit Voluntarily .................................. 62
Property Hearings / Other
Inventory of Property Seized ....................................................................................................................................... 63
Notice of Stolen Property Hearing ............................................................................................................................... 64
Order Awarding Possession of Stolen Property ........................................................................................................... 65
Order for Impoundment of Out-of-State Motor Vehicle .............................................................................................. 66
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
Before me, the undersigned Magistrate in the State of Texas, on this day ____________________, 20__,
______________________________ personally appeared in the custody of ______________________________, a peace officer, not
later than 48 hours after said person was arrested, and said person was given the following warning by me:
_____ 1.
_____ 2.
_____ 3.
_____ 4.
_____ 5.
_____ 6.
_____ 7.
_____ 8.
Pursuant to Number 8 above, I explained the local procedures for requesting appointment of counsel in a manner the Defendant
could understand. I provided any necessary paperwork and reasonably assisted in its completion. I forwarded the paperwork, if
any, to the appropriate authority, without unnecessary delay, in no event more than 24 hours.
The person warned reports to be a citizen of a foreign country: Yes No
I have determined that the said person is is not currently on bond in another cause or causes.
Bail is set at $_______________
Bail denied
________________________________________________
Magistrate
Municipal Judge, City of ___________________________
___________________________________
Person warned
Date: __________________
Address: _________________________________________
_________________________________________
Name: _________________________________________
Address: _________________________________________
_________________________________________
34
Defendants Name:
Agency:
Arrest Date:
I, the undersigned Magistrate, hereby certify that the Defendant appeared before me on this date and was informed pursuant to Article
15.17, Code of Criminal Procedure, of the accusation against him/her and of any affidavit filed therewith, of his/her right to counsel, of
his/her right to remain silent, of his/her right to have an attorney present during any interview with peace officers or attorneys
representing the State, of his/her right to terminate the interview at any time, of his/her right to request the appointment of counsel if
he/she is indigent and cannot afford counsel, and of his/her right to have an examining trial, and I informed the person arrested that
he/she is not required to make a statement and that any statement made may be used against him/her.
YOU ARE HEREBY COMMANDED TO COMMIT TO JAIL THE BODY OF THE DEFENDANT ON THE FOLLOWING CHARGED
OFFENSE(S). THE SAID DEFENDANT MAY BE RELEASED ON THE BOND AMOUNT(S) AND/OR CONDITIONS SET OUT
BELOW.
WARRANT/COMPLAINT/OR PROBABLE CAUSE FOR:
Offense
BAIL IS SET AT: $
Felony/Misdemeanor
Personal Bond
Bail is Denied
A family violence detention hold is directed pursuant to Article 17.291, Code of Criminal Procedure, for ____ hours after bond has
been posted if signed in space provided hereafter by Magistrate who finds probable cause to conclude and hereby does conclude that the
family violence will continue if the Defendant is released prior thereto: (see form entitled Application for Further Detention)
So Ordered:
Magistrates Signature
OTHER: _________________________________________________________________________________________________
Conditions of release on bond are ordered as follows where initialed in space by Magistrate:
1. Article 17.41 condition where a child is the victim: _____
2. Article 17.441 condition requiring motor vehicle ignition interlock is ordered: _____
3. Other conditions:
Any or all of these conditions for release on bond are to be incorporated by reference and attached to the bond posted by the Defendant.
The Defendant is to sign the conditions, acknowledging receipt and notice thereof prior to release. A copy of the conditions of release is
to be filed with the ________________ County Magistrates office the next working day following release and the original is to remain
attached to the original of the bond.
DEFENDANT IS TO BE HELD TO ANSWER TO THE PROPER COURT OF _________________ COUNTY, TEXAS, OR ANY
COURT OR MAGISTRATE BEFORE WHOM THIS CAUSE MAY BE HEREINAFTER PENDING AT ANY TIME AND PLACE
AS MAY BE REQUIRED.
HEREIN FAIL NOT, of this commitment writ make due return, showing how you executed the same.
ISSUED THIS _____ day of _____________________, 20___ at _______________________ oclock _____.m.
____________________________________
Magistrate
Editors Note: For a complete listing of instances in which bail
can be denied, see TMCEC Bench Book, Chapter 1.
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
__________________________________
Date
__________________________________
Applicant
If the additional period exceeds 24 hours, probable cause must exist to believe that the person committed the instant offense and
during the 10-year period preceding the date the person has been arrested (check the applicable offense and attach copies of
supporting documentation of requisite probable cause):
on more than one occasion for an offense involving family violence; or
for any other offense, if a deadly weapon, as defined in by Section 1.07, Penal Code, was used or exhibited during the commission
of the offense or during immediate flight after the offense.
36
ORDER
On this the ____ day of ______________, 20__, _______________________________ came for consideration the above and
foregoing Application for Further Detention. The Court having found probable cause for arrest of the above named Defendant and
that said Defendant meets the criteria for continued detention pursuant to the provisions of Article 17.291, Code of Criminal
Procedure, it is hereby ordered that the Sheriff of ___________________ County, Texas, Chief of Police for the City of
________________, Texas or other person having custody of the detained person, hold the said Defendant for _______________
hours (period not to exceed 48 hours) after the time that bond is posted in this cause.
SIGNED this ___ day of _________________, 20__.
_______________________________________
Magistrate
Printed Name:___________________________
Municipal Judge, City of___________________
___________________________County, Texas
37
Report #: ___________________________________
Agency: _____________________________________________________________________________________
Charge:
, a fine-only misdemeanor.
The Defendant is released without bond and ordered to appear in person at the ________________ (Municipal)(Justice)
Court, on or before the _____ day of _______________, 20__ at ____________ o'clock _____.m., located at
____________________________________________________________________________________________________.
A copy of this Release With Order to Appear shall be given to the accused upon (his)(her) release. If the accused fails to
appear as required by this Order, the judge of the _________________ (Municipal)(Justice) Court shall issue a warrant for the
arrest of the accused.
SIGNED THIS _____ day of _____________________, 20___ at _______________________ o'clock _____.m.
_____________________________________
Magistrate
Municipal Judge, City of ________________
_________________________ County, Texas
If Interpreter necessary:
_____________________________________
Name of Interpreter
Editors Note: For the accused to be released without bond and ordered to appear before the Municipal Court, the
accused must not have been previously convicted of a felony or misdemeanor other than a misdemeanor punishable by
fine only.
38
Report #:
Agency:
Charge:
After (having)(not having) received sworn testimony or documents, the undersigned Magistrate determines that
sufficient probable cause was not presented to merit further detention of the above named individual on the above described
charge. The Defendant is therefore ordered released without bond on the above charge pending filing of charges by an
appropriate court or magistrate.
A copy of this Order shall be placed with the records of the Defendant.
SIGNED THIS _____ day of _____________________, 20___ at _______________________ o'clock _____.m.
_____________________________________
Magistrate
Municipal Judge, City of ________________
_________________________ County, Texas
If Interpreter necessary:
_____________________________________
Name of Interpreter
39
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause, having been
arrested under a warrant issued in a county other than the one in which (he)(she) was arrested, and having appeared in person and
entered a plea of guilty and waived a jury trial in writing; and the Magistrate pursuant to Article 15.18(a)(2), Code of Criminal
Procedure, finds the Defendant guilty of the offense of _________________________________.
It is therefore Ordered and Adjudged by the Magistrate that the State of Texas, for the use and benefit of the City of
_____________, Texas, does have and recover from the Defendant the amount of $_______________, being the fine plus costs.
(If sentence in addition to payment of fine is authorized) It is further Ordered that the Defendant shall
___________________________________________________ no later than _______________________, 20_____.
It is further Ordered and Adjudged that the Defendant be given credit for _____days in jail, each day being _____ hours, in a
total amount of $_____________.
It is further found that the Defendant has defaulted in payment of the above fine and costs; is indigent; and each alternative
method of discharging the fine and costs under Article 45.049, Code of Criminal Procedure, would impose an undue hardship on the
Defendant. It is therefore Ordered and Adjudged that payment of the fine and court costs by the Defendant are waived and thus
discharged.
The amount of $_____________was paid by the Defendant and that sum is ordered transmitted to the Court identified above along
with the written Plea of Guilty and Waiver of Jury Trial executed by the Defendant and this Order before the 11th business day
following the date of this Order.
__________________________________
Magistrate
______________________ County, Texas
40
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
ORDER
The Court finds that the Defendant is eligible for bail in the amount of $_______________.
The Court further finds that the Defendant is charged with:
Intoxication Assault (Section 49.07, Penal Code)
Intoxication Manslaughter (Section 49.08, Penal Code)
A subsequent offense of Driving While Intoxicated (Section 49.04, Penal Code)
A subsequent offense of Driving While Intoxicated with Child Passenger (Section 49.045, Penal Code)
A subsequent offense of Flying While Intoxicated (Section 49.05, Penal Code)
A subsequent offense of Boating While Intoxicated (Section 49.06, Penal Code)
It is ORDERED that, in addition to any other conditions of bail imposed on the Defendant, that the Defendant abide by the
following conditions of bail:
.
Defendant shall, no later than ____________ days after the date the Defendant is released on bond, and at Defendants expense,
have an ignition interlock device that uses a deep-lung breath analysis mechanism to make impractical the operation of a motor vehicle
if ethyl alcohol is detected on the breath of the operator, installed on the following vehicle:
Model year: _____________________
Model: _________________________
License Plate and
State:___________________________
Make: _________________________
Color: _________________________
VIN: __________________________
Defendant shall not operate ANY motor vehicle unless the vehicle is equipped with such an ignition interlock device.
It is further ORDERED that the following agency shall verify the installation of the ignition interlock device and monitor the
device during the period this Order is in effect, and shall immediately report to this Court, or to any other court in which this case may
be pending, if the device is not installed by the day specified above or if the device is removed or disabled other than according to a
court order:
(agency name and address)
Defendant shall pay a fee in the amount of $__________________ at the time of installation and thereafter each month to the
agency who monitors the ignition interlock device.
OR
The Court finds that to require the installation of an ignition interlock device would not be in the best interest of justice.
Signed on the ______ day of ____________________ , 20__.
DEFENDANTS ACKNOWLEDGMENT
On the above date, I received a copy of this BAIL CONDITION
AND MOTOR VEHICLE IGNITION INTERLOCK ORDER.
Defendant ____________________________________
_____________________________________
Magistrate
Municipal Judge, City of _________________
_________________________ County, Texas
41
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
ORDER
Offense Charged:
Either Chapter 21 (Sexual Offenses) or Chapter 22 (Assaultive Offenses) against a child 12 years of age or younger;
Section 25.02 (Prohibited Sexual Conduct) against a child 12 years of age or younger; or
Section 43.25 (Sexual Performance by a Child) by a child 12 years of age or younger.
The Court finds that the Defendant:
is eligible for bail in this case in the amount of $ _______________________; OR
is entitled to be released on personal recognizance bond in the amount of $ ____________________.
ACCORDINGLY, IT IS ORDERED that, in addition to any other conditions of bail imposed on the Defendant, the Defendant
abide by the following conditions of bail:
That the Defendant not go to or near any child care facility, residence, or school where _____________________________
normally resides or attends, specifically, the Defendant is prohibited from coming within _______ feet of: (1) the residence located at
;
(2) the child care facility located at
;
and (3) the school located at
.
That the Defendant is granted access to ________________________________________________, only under the supervision
of _________________ and only at the following location:
and at the following time(s):
.
To the extent that a condition imposed by this Order conflicts with an existing court order granting the Defendant possession of or
access to
, then
pursuant to Article 17.41(d), Code of Criminal Procedure, the conditions imposed by this Order prevail for a period of
(not
to exceed 90) days.
IT IS FURTHER ORDERED that this Order is effective immediately and shall continue in effect until modified by order of this
Court or another court.
A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS
MUCH AS $100, OR BY CONFINEMENT IN JAIL FOR AS LONG AS THREE DAYS, OR BOTH.
A PERSON WHO VIOLATES THIS ORDER MAY ALSO BE SUBJECT TO THE REVOCATION OR INCREASE OF
HIS/HER BAIL AND SUBJECT TO CONFINEMENT UNTIL THE CONCLUSION OF THIS CASE.
NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO
ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS
ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS
MODIFIED BY ORDER OF THIS COURT OR ANOTHER COURT.
Signed on the ___ day of ____________, 20__.
______________________________________
Magistrate
Municipal Judge, City of__________________
__________________________ County, Texas
MAGISTRATE DUTIES 08/11
42
On this day before me personally appeared ____________________, age ________, a child, accused of an offense
alleged to have been committed in ___________________ County, Texas, on ___________________, 20___.
I, ____________________________, in my capacity as a magistrate read the following warning to the above named
child:
You may remain silent and not make any statements at all;
Any statement you make may be used in evidence against you;
You have the right to have an attorney present to advise you either prior to any questioning or during any questioning;
If you are unable to employ an attorney, you have the right to have an attorney appointed to advise you before or during any
questioning and interviews with peace officers or attorneys representing the State; and
You have the right to terminate the interview at any time.
I gave the foregoing warnings to the child at ____________ oclock, ___.m. on the _________ day of
______________________, 20___ at ____________________________.
____________________________________
Magistrate's Signature
____________________________________
Print Name
I acknowledge that I was given the above warning and I understand my rights as explained to me in the warning. I
WAIVE these rights and agree to be interviewed by law enforcement officers.
______________________________
Person Warned
I acknowledge that I was given the above warning and I understand my rights as explained to me in the warning. I DO
NOT WAIVE these rights.
______________________________
Person Warned
Juvenile refused to sign acknowledgement of warning.
_______________________________
Magistrates Signature
_______________________________
Office Held
Remarks:
43
I have the right to remain silent and not make any statement at all and that any statement I make may be used against me;
2.
I have the right to have an attorney present to advise me either prior to any questioning or during any questioning;
3.
If I am unable to employ an attorney, I have the right to have an attorney appointed to counsel me before or
during any interviews with peace officers or attorneys representing the State; and
4.
I wish to WAIVE these rights and agree to be interviewed by law enforcement officers.
_________________________________
Signature of Child
______________________________
Signature of Magistrate
44
Made the statement voluntarily and of (his)(her) own free will without any improper inducements or prohibited conduct by
any law enforcement officers or any other persons;
Indicated that (he)(she) had not been deprived of food, drink, or sleep.
Additional observations that I have made during the course of interviewing the said child are as follows, if any:
45
Only after receiving the proper warning and being examined by the undersigned Magistrate did the child, _____________,
sign the attached statement.
Based on the foregoing determinations, I, the undersigned Magistrate, do hereby certify as follows:
I have examined the child independently of any law enforcement officer or prosecuting attorney.
I have examined the child in the presence of _______________________________, a (bailiff)(law enforcement officer)
employed by ____________________________, whose presence was required to ensure my personal safety and that of other
court personnel, and who did not carry a weapon in the presence of the child.
I have determined that the child understands the nature and content of the statement, and has knowingly, intelligently, and
voluntarily waived the rights set out in the warning given pursuant to Section 51.095, Family Code.
I am convinced that the child understands the nature and content of the statement, and that the child is signing the statement
voluntarily.
The statement was signed by the child in my presence with no law enforcement officer or prosecuting attorney present.
The statement was signed by the child in my presence and the presence of _________________, a (bailiff) (law enforcement
officer) employed by _______________________________, and who did not carry a weapon in the presence of the child,
because I determined that the presence of said (bailiff) (law enforcement officer) was necessary for my personal safety and that of
other court personnel.
THIS CERTIFICATION made by the undersigned magistrate on _________________________, 20___, at ___________ o'clock,
___.m., in ___________________________ County, Texas.
____________________________________
Magistrate's Name (print or type)
____________________________________
Magistrate's Signature
____________________________________
Office Held
46
(Can)(cannot) read the ______________________________ language; and (a) demonstrated to me that (he)(she) could do
so; or (b) I read the attached warning and statement aloud to the child.
Is a citizen of _____________________________________;
Advised me that (he)(she) has completed the __________ grade in school, and is now in the __________ grade in school;
Was not threatened or promised anything by law enforcement officers or any other agents of the State of Texas;
Does not appear to be under the influence of drugs or intoxicating beverages, and informs me that (he)(she) is not under
the influence of drugs or alcohol;
Does not appear to have been abused by law enforcement officers, or anyone else, and upon inquiry denies that any
type of abuse has occurred;
Shows no signs of psychiatric problems which might be readily apparent, and upon inquiry by the undersigned, the
child claims no history of psychiatric treatment or problems;
Appears to understand the meaning of the warnings given and had no questions about the warnings;
Understands what the recorded statement says, and agrees that the statement is (his)(her) version of the facts
surrounding the said offense, and that the statement is true;
Made the statement voluntarily and of (his)(her) own free will without any improper inducements or prohibited conduct
by any law enforcement officers or any other persons;
Indicated that (he)(she) had not been deprived of food, drink, or sleep.
Additional observations that I have made during the course of interviewing the said child are as follows, if any:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
47
Based on the foregoing observations, I, the undersigned Magistrate, do hereby determine that:
The child understands the nature and content of the statement, and has knowingly, intelligently, and voluntarily waived the rights
set out in the warning given pursuant to Section 51.095, Family Code.
The child understands the nature and content of the recorded statement, and that the child made the statement voluntarily.
The statement was not given voluntarily.
THIS DETERMINATION made by the undersigned Magistrate on _________________________, 20___, at ___________ o'clock,
___.m., in ___________________________ County, Texas.
____________________________________
Magistrate's Name (print or type)
____________________________________
Magistrate's Signature
____________________________________
Office Held
48
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
2.
the residence of a member of the family or household protected under this Order located at
.
3.
4.
the place of employment of a member of the family or household protected under this Order located at ______________
________________________________________________________________________________________________;
49
5.
6.
the business of a member of the family or household protected under this Order located at ________________________
________________________________________________________________________________________________;
7.
8.
the child care facility of _________________________, a child protected by this Order located at _________________
________________________________________________________________________________________________;
9.
CONFIDENTIALITY OF ADDRESSES:
Based on the facts presented, the Court further finds that for the safety of the person or persons protected under this
Order, the addresses and specific locations of the person or persons protected by the Order remain confidential and shall
be omitted from the Order.
IT IS FURTHER ORDERED that the conditions imposed in this Order shall prevail over any existing order granting
possession of or access to a child named herein for the duration of this Order.
IT IS FURTHER ORDERED that the Defendant shall be served with a copy of this Order in open court.
IT IS FURTHER ORDERED that the Clerk of the Court shall send a copy of this Order to:
1.
2.
3.
4.
the chief of police in the municipality where the member of the family or household or individual protected by this
Order resides;
the sheriff of the county where the member of the family or household or individual protected by this Order resides,
if any of these persons do not reside in a municipality;
the principal, director, or other person in charge of the school or child care facility attended by a person covered by
this Order and named herein; and
the victim.
IT IS FURTHER ORDERED that a law enforcement officer shall make a good faith effort to notify the victim, within
24 hours, that this Order has been issued by calling the victims residence and place of employment (if not present at
hearing).
(Check this box if the Defendant holds a Concealed Handgun License) IT IS FURTHER ORDERED that the license to
carry a concealed handgun issued under Subchapter H, Chapter 411, Government Code, held by the Defendant is
SUSPENDED for the duration of this Order. The Clerk is ORDERED to send a copy of this Order to the appropriate
division of the Department of Public Safety at its Austin headquarters (see below for address):
Editors Note: Only if the Defendant is a handgun licensee should copies of Orders of Emergency Protection suspending
concealed handgun license be faxed (512.424.7284) or mailed to the following:
Attention: Suspension/Revocation
Texas Department of Public Safety
Concealed Handgun Licensing Section #0235
Post Office Box 4143
Austin, TX 78765-4143
50
IT IS FURTHER ORDERED that this Order is effective upon issuance and shall remain in full force and effect until
midnight on ________________, 20___ (this date should be no less than 31 and up to 91 days from the date of issuance).
SIGNED, ENTERED, AND ISSUED at ________ oclock _____ m. on this the _____ day of ____________________,
20___.
_____________________________
Printed Name:________________________
Magistrate
________________________________________
Signature of Defendant acknowledging receipt of
copy of this Order
____________________________
Telephone
A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THIS ORDER MAY BE
PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR
OR BY BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE
PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION
1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A
STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A
SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT.
NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO
ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS
ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
CHANGES THE ORDER.
WARNINGS UNDER FEDERAL LAW
THIS ORDER IS ENFORCEABLE IN ALL 50 STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, AND U.S.
TERRITORIES. 18 U.S.C., SECTION 2265.
INTERSTATE VIOLATION OF THIS ORDER MAY SUBJECT THE RESPONDENT TO FEDERAL CRIMINAL
PENALTIES. 18 U.S.C., SECTIONS 2261, 2262.
POSSESSION, TRANSPORTATION, OR RECEIPT OF A FIREARM WHILE THIS ORDER REMAINS IN EFFECT
MAY BE A FELONY UNDER FEDERAL LAW PUNISHABLE BY UP TO 10 YEARS IN PRISON AND/OR A FINE.
IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR
AMMUNITION.
DEFINITIONS
The term family violence as defined by Section 71.004, Family Code, means:
(1) An act by a member of a family or household against another member of the family or household that is intended to result
in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of
imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
The term family as defined by Section 71.003, Family Code, includes individuals related by consanguinity or affinity,
as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other,
individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without
regard to whether those individuals reside together. Two individuals are related to each other by consanguinity if one is a
descendent of the other, or they share a common ancestor. An adopted child is considered to be a child of the adoptive
MAGISTRATE DUTIES 08/11
51
parent for this purpose. Two individuals are related to each other by affinity if they are married to each other, or the
spouse of one of the individuals is related by consanguinity to the other individual. The ending of a marriage by divorce
or the death of a spouse ends relationships by affinity unless a child of that marriage is living.
The term household as defined by Section 71.005, Family Code, means a unit composed of persons living together in
the same dwelling, without regard to whether they are related to each other.
The term member of a household as defined by Section 71.006, Family Code, includes a person who previously lived in
a household.
(2) Abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), Family Code, by a member of a family or
household toward a child of the family or household;
(C) Physical injury that results in substantial harm to the child, or the genuine threat of substantial harm from
physical injury to the child, including an injury that is at variance with the history or explanation given and excluding
an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not
expose the child to a substantial risk of harm;
(E) Sexual conduct harmful to a childs mental, emotional, or physical welfare, including conduct that constitutes
the offense of continuous sexual abuse of a young child or children under Section 21.02, Penal Code, indecency with
a child under Section 21.11, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual
assault under Section 22.021, Penal Code or
(G) Compelling or encouraging the child to engage in sexual conduct as defined by Section 43.01, Penal Code;
The term child or minor as defined by Section 101.003, Family Code, means a person under 18 years of age who has
not been married or who has not had the disabilities of minority removed for general purposes.
(3) Dating violence, as that term is defined by Section 71.0021, Family Code, which means an act by an individual that is
against another individual with whom that person has or has had a dating relationship and that is intended to result in physical
harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the individual in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
Dating relationship, as defined by Section 71.0021(b) and (c), Family Code, means a relationship between
individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a
relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the
relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. A casual
acquaintanceship or ordinary fraternization in a business or social context does not constitute a dating relationship.
The term firearm has the meaning assigned by Chapter 46, Penal Code.
A person commits the offense of stalking if, he or she on more than one occasion and pursuant to the same scheme or course
of conduct that is directed specifically at another person, knowingly engages in conduct, including following the other person,
that (1) the actor knows or reasonably believes the other person will regard as threatening (a) bodily injury or death for the
other person; (b) bodily injury or death for a member of the other persons family or household; or (c) that an offense will be
committed against the other persons property; (2) causes the other person or a member of the other persons family or
household to be placed in fear of bodily injury or death or fear that an offense will be committed against the other persons
property; or (3) would cause a reasonable person to fear the same. Section 42.072, Penal Code.
52
CLERKS LETTER: COPY OF MAGISTRATES ORDER OF EMERGENCY PROTECTION (Art. 17.292(h), C.C.P.)
Dear ___________________________:
Enclosed
is
a
copy
of
a
Magistrates
Order
of
Emergency
Protection
entered
___________________________________________ on ________________________________________, 20__.
by
Judge
You are a person protected by this Order. Please read this Order carefully because it restrains ____________________ from
committing threats or acts of violence against you. The terms of the Order may contain other important restrictions as well. The
Order is in effect for _________ days after it was signed.
A copy of this Order is on file with this Court and with the (Sheriff of ___________________________County) (Chief of
Police of __________________________________). However, we suggest you keep this copy of the Order in a safe place. If the
person restrained by this Order should violate the Order in any way, it is important that you call the (Sheriff) (Police) at
(telephone number).
This is a Court Order. No one, including yourself, can give permission to anyone to ignore or violate any provision of the
enclosed Order.
Sincerely,
______________________________
(Deputy) Clerk
________________ Municipal Court
53
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
I,
, the undersigned Respondent or Protected Person, hereby move to modify the Magistrates Order of
Emergency Protection (MOEP) issued on
, 20___ by Judge
. In support of this
motion, I submit the following facts:
1. The following changes have occurred since issuance of the MOEP:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
2. The MOEP, as originally issued, is unworkable because:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
3. The requested modification will not place the victim of the offense at greater risk than did the MOEP because:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
4. The requested modification will not, in any way, endanger a person protected under the MOEP because:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
5. The following additional information is provided in support of this motion:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Respectfully submitted,
Signature
54
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
On this the ___ day of __________________, 20__, came to be heard at the request of the, ___________________, to
modify the Magistrates Order of Emergency Protection entered on ________________ , 20__, issued by a judge of this Court in
his or her capacity as a magistrate for the protection of ________________________, an alleged victim.
Said ORDER was issued:
On the Magistrates own motion;
At the request of the alleged victim of the offense;
At the request of the guardian of the alleged victim;
At the request of a peace officer;
At the request of an attorney representing the State.
Having provided NOTICE to each affected party and conducted a hearing, the Court FINDS:
1. The order as originally issued is unworkable;
2. The modification will not place the victim of the offense at greater risk than did the original Order; and
3. The modification will not in any way endanger a person protected under the Order.
The Court hereby MODIFIES AS FOLLOWS:
1. The above-named Defendant may return to the:
UNLESS EXPRESSLY STATED IN THIS ORDER, ALL OTHER TERMS OF THE MAGISTRATESS ORDER OF
EMERGENCY PROTECTION ARE STILL IN FULL FORCE AND EFFECT.
ENTERED this ___ day of __________________, 20__.
_________________________________
Magistrate
Municipal Judge, City of _____________
_____________________ County, Texas
55
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
_______________________________________
_______________________________________
_______________________________________
Home:
Work:
_______________________________________
Date
_______________________________________________
Signature of Applicant
Editors Note: An adult filing a written application for the emergency detention of another person must present this
application personally to a magistrate (Sec. 573.012(a), H.S.C.) The magistrate may interview the applicant. A magistrate may
permit an applicant who is a physician to present the application by email with the application attached as a secure PDF document
or by secure electronic means, including satellite transmission, closed-circuit television transmission, or secure two-way electronic
communication (Sec. 573.012(h), H.S.C.).
56
ORDER FOR ISSUANCE OF MENTAL HEALTH WARRANT (Secs. 573.011 and 573.012, H.S.C.)
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
ORDER
Upon presentation of an Application for Emergency Detention by
(name of applicant)
,
the Court finds that there is reasonable cause, i.e.,
(basis of reasonable cause)
to
believe that
(name of person to be committed)
evidences mental illness that creates an imminent, substantial risk of
serious harm to (himself)(herself) or others, that the risk of harm is imminent unless the person is immediately restrained and necessary
restraint for treatment cannot be accomplished without emergency detention, and that emergency detention is the least restrictive means
to effect necessary restraint.
It is therefore Ordered that a warrant shall issue for the immediate apprehension, detention, and transportation of the above
named person to an appropriate treatment facility for a preliminary examination by a physician.
____________________
Date Entered
____________________________________
Magistrate
City of ______________________________
________________________County, Texas
57
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
, Texas
Herein fail not, but of this writ make due return, showing how you executed same.
Given under my hand this _____ day of _______________ , 20__.
_____________________________________
Magistrate
City of _______________________________
_________________________County, Texas
.........................................................................................................................................................................................................................
OFFICER'S RETURN
Received the _____ day of ___________, 20__, and executed by apprehending the person, ______________________________,
and transporting (him)(her) to __________________________________________________________ for temporary acceptance for
preliminary examination.
Date Executed: _____________________
By: __________________________________
Health or Peace Officer
58
SHERIFFS NOTIFICATION PERSON IN CUSTODY WITH POSSIBLE MENTAL ILLNESS/MENTAL RETARDATION (Art.
16.22, C.C.P.)
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
I have reasonable cause to believe that _____________________________, a person committed to my custody, may have a mental
illness or may be a person with mental retardation. My belief is based on the following evidence or statements:
(indicate who made statement(s) or source of evidence include observed behavior of person in question)
.
I am aware of the following prior evaluation indicating a need for referral for further mental illness or mental retardation
assessment:
____________________
Date
_____________________________________________
Applicants Signature
____________________________________________
Applicants Printed Name
_____________________________________________
(Sheriff)(Deputy Sheriff)
_________________________________ County, Texas
Telephone Number:_____________________________
59
MAGISTRATES ORDER FOR MENTAL ILLNESS/MENTAL RETARDATION EXAM (Art. 16.22, C.C.P.)
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
ORDER
The Court, on this day having heard the evidence and arguments, finds that the Respondent
, is a person currently committed to the custody of the Sheriff of
County, Texas. The Court further finds that:
There is no reasonable cause to believe that the Respondent has a mental illness or is a person with a mental retardation and no
examination will be ordered by this Court.
There is reasonable cause to believe that the Respondent has a mental illness.
There is reasonable cause to believe that the Respondent is a person with mental retardation.
It is therefore Ordered that no later than: (a) 30 days from this date if the Respondent is charged with a felony offense or (b)
10 days from this date if the Respondent is charged with a misdemeanor offense, the local mental health or mental retardation
authority, or another qualified mental health or mental retardation expert shall: (A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with mental retardation as
defined by Section 591.003, Health and Safety Code, including information obtained from any previous assessment of the
Respondent; and (B) provide to the undersigned magistrate a written assessment of the information collected under paragraph (A),
unless in the year preceding the Respondents applicable date of arrest, the Respondent has been determined to have a mental
illness or to be a person with mental retardation by the local mental health or mental retardation authority or another mental health
or mental retardation expert.
Signed and entered this
day of
, 20__.
________________________________
Magistrate
City of __________________________
____________________County, Texas
60
ORDER INTO CUSTODY FOR MENTAL ILLNESS/MENTAL RETARDATION EXAM (Art. 16.22, C.C.P.)
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
ORDER
The Magistrate finds that on the
day of
, 20__, this Court found reasonable cause to believe that the
Respondent
,
(has a mental illness) (is a person with mental retardation) and further ordered Respondent to, no later than the _____ day of
____________________________, 20__, submit to an examination by _____________________ to determine whether
Respondent has a mental illness as defined by Section 571.003, Health and Safety Code, or is a person with a mental retardation as
defined by Section 591.003, Health and Safety Code.
The Magistrate further finds that Respondent failed to submit to the examination. It is therefore Ordered that a warrant
shall issue for the immediate apprehension and detention of the above named Respondent for a period not to exceed
_____________ days (21 days maximum) from the date of apprehension.
________________________________
Date
____________________________________
Magistrate
City of ______________________________
________________________County, Texas
61
WARRANT FOR MENTAL HEALTH/MENTAL RETARDATION EXAM PERSON FAILING TO SUBMIT VOLUNTARILY (Art.
16.22, C.C.P.)
NO: _______________
STATE OF TEXAS
VS.
___________________
Respondent
MAGISTRATE FOR
___________________
COUNTY, TEXAS
, Texas
OFFICER'S RETURN
Received the _____ day of _____________, 20__, and executed by apprehending the person, ____________________________,
and transporting (him)(her) to __________________________________________________________________________________.
Date Executed: _____________________
By: _________________________________
Health or Peace Officer
62
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
,
.
.
Furthermore, I have reliable knowledge that the following named parties may have a claim to possession of the above described
property. The names and mailing addresses are as follows:
.
The above described property is currently stored at
,
and has been incurring a daily storage fee of $__________, since the _____ day of _______________, 20__. Additional charges of
$__________ were incurred as a result of
.
I estimate the value of this property to be $___________.
No criminal action relating to this property is pending.
Wherefore, the State requests that the court order this property be held by petitioner pending examining trial to determine
who has the right to possession of the property.
Filed this _____ day of _______________, 20__.
Peace Officer
Name:
Address:
Telephone:
63
EX. REL.
______________________
(Describe Property)
CITY OF __________________
__________COUNTY, TEXAS
On the _____ day of _______________, 20__, certain items of personal property were ordered seized by this Court and held
pending a determination of which party has the right to possession of said property. The property,
,
, Texas.
A hearing is hereby scheduled to determine who has the right to possession of the above described property. The hearing will be
held at _____ o'clock ___.m. on the _____ day of _______________, 20__, at __________________________________ in
_________________________, Texas. If you feel you have a valid claim to possession of this property, you must appear at this
proceeding with proof to support your claim. If you are not present at this hearing, the Court may presume you either do not have a
valid claim to possession, or you have abandoned your claim to possession, or you do not wish to assert such claim.
If you have any questions, please call the Municipal Court, ________________________________.
____________________________________
(Magistrate)(Judge)
City of _____________________________
_______________________County, Texas
By: _______________________________
Date: ______________________________
64
EX. REL.
__________________________
(Describe Property)
CITY OF __________________
__________COUNTY, TEXAS
ORDER
Whereas, on the _____ day of _______________, 20__, in the Municipal Court of ______________________________
County, Texas, came on to be heard and was heard the above styled case wherein _______________________________ is seeking to
establish the right to possession of the following described property:
now in the possession and control of __________________________________________, a peace officer with the
.
All parties expressing a claim to possession were properly notified of this examining trial, and those desiring to assert such claim
to possession appeared in person or through their attorney; and the Court, after hearing all the evidence and testimony, finds that no
criminal action regarding this property is pending and is of the opinion that possession of the above described property should be
awarded to ______________________________________, whose mailing address is
.
Therefore, upon motion by the State, it is hereby Ordered that possession of said property now in the possession and control
of __________________ be immediately transferred to _____________________________________________ subject to the
condition that such property shall be available to the State or by order of any Court having jurisdiction of the offense to be used for
evidentiary purposes.
Furthermore, it is hereby Ordered that _________________________________________________ pay all reasonable
charges for the safekeeping of said property while in the possession and control of _________________________________ pending
this examining trial, and the possession not be transferred until such charges are paid. Said charges, having been verified by the
attached affidavit of ________________________________________________________ are determined to be $__________, and
shall be paid to ________________________________.
Be it further Ordered that ____________________________________ make due return, showing how you executed same.
Entered and signed this the _____ day of _______________, 20__.
___________________________________
(Magistrate)(Judge)
City of _____________________________
_______________________County, Texas
Executed by transferring possession and control of the above described property to:
.
This the _____ day of _______________, 20__.
___________________________________
Peace Officer
65
ORDER FOR IMPOUNDMENT OF OUT-OF-STATE MOTOR VEHICLE (Secs. 601.291 and 601.294, T.C.)
NO: _______________
STATE OF TEXAS
VS.
___________________
MAGISTRATE FOR
___________________
COUNTY, TEXAS
WHEREAS IT IS FOUND:
1.
2.
3.
4.
The owner or operator of the vehicle has not registered the vehicle in this state;
The owner or operator of the vehicle was involved in a motor vehicle accident in this State that resulted in bodily injury,
death, or damage to the property of one person to an apparent extent of at least $500;
There is a reasonable possibility of a judgment being rendered against the owner or operator of the vehicle for any
bodily injury, death, or property damage sustained in the motor vehicle accident;
The owner or operator of the vehicle failed to provide:
a. Evidence of financial responsibility for the bodily injury, death, or property damage; or
b. Evidence that the person is exempt from the requirement of financial responsibility, pursuant to Section 601.051,
Transportation Code.
66
TRIAL
APPEARANCE
BONDS
CASH BOND: POSTED BY THE DEFENDANT (Arts. 17.02, 17.08, and 45.044, C.C.P.)
CITY OF __________________
__________COUNTY, TEXAS
___________________________________
Defendant's Signature
Address: ____________________________________
Telephone: __________________________________
Place of Employment: _________________________
Telephone: __________________________________
Driver's License Number: ______________________
Date of Birth: ________________________________
Height: __________Weight: ____________________
Color Hair: ____________Eyes: _________________
...........................................................................................................
NOT A CONDITION OF RELEASE
PLEA OF NOLO CONTENDERE (For Cash Bond Forfeiture)
If I, the undersigned, fail to appear at the date and time stated in the cash bond that I posted with the Municipal Court of
_______________, or at any time the Court requires my personal appearance, I waive my right to a jury trial or any trial and
plead nolo contendere (meaning "no contest") to the said offense charged. I understand that the bond will be forfeited to satisfy the
fine and costs that the judge assesses and that my plea may result in a conviction appearing on either a criminal record or a driver's
license record. I understand that this plea of nolo contendere does not constitute a condition of my release from jail.
Signed and dated this _____ day of _______________, 20__.
_____________________________________________
Defendant's Signature
67
CASH BOND: POSTED BY A THIRD PARTY (Arts. 17.02 and 17.08, C.C.P.)
CITY OF __________________
__________COUNTY, TEXAS
___________________________________
Signature of Person Posting Bond
Address: ____________________________________
Telephone: __________________________________
Place of Employment: _________________________
Telephone: __________________________________
Driver's License Number: ______________________
Date of Birth: ________________________________
Height: __________Weight: ____________________
Color Hair: ____________Eyes: _________________
______________________________________
Signature of Defendant
Name, Address, & Telephone of Nearest Relative:
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
...........................................................................................................
RECEIPT FOR CASH BOND
On this day, the _____ day of _______________, 20___, I received ________________________ ($__________) dollars in cash
posted by _______________________________ (person posting the bond) as security to insure the personal appearance of
___________________________________, Defendant in the above referenced cause in the above named Municipal Court.
If Defendant complies with the conditions of this bond, upon order of the Court, this amount shall be refunded to
___________________________________ (person posting the bond).
_______________________________________________
68
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
_____________________________________________________
Defendant's Signature
Sworn to and subscribed before me, this _____ day of _______________, 20__.
________________________________________
Notary Public in and for the State of Texas
Approved and filed this _____ day of _______________, 20__.
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________County, Texas
Filed by: ________________________________________________on_____ day of_____________________________, 20__.
Clerk
69
STATE OF TEXAS
VS.
CITY OF __________________
_________________
__________COUNTY, TEXAS
______________________________________ Surety
_____________________________________
Mailing Address
Race_____ Gender_____ DOB __________
HT_____ WT_____ Hair _______________
Eyes_____ DL number _________________
State_____ SS number ________________
_____________________________________________
Mailing Address
If Surety is attorney:
I am licensed to practice law in Texas
and I actually represent the Principal
in the criminal case for which I have
executed this bond.
_______________________________________________________________________________
State Bar of Texas Number
Signature of Attorney
70
Encumbrance
__________________________
Net Value
________________
__________________________________
__________________________
__________________________
________________
__________________________________
__________________________
__________________________
________________
71
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Wherefore, Applicant prays the Court to issue a writ directing any proper officer of the State of Texas to re-arrest said Defendant.
Respectfully submitted,
______________________________
(Name)
______________________________
(Position)
I hereby certify that a true and correct copy of this Motion to Revoke Bond was delivered to (the Defendant) (Counsel for the
Defendant), on this the _________ day of _______________, 20___.
______________________________
(Name)
______________________________
(Position)
ORDER
On this the _________ day of _______________, 20___, came on to be considered this Motion to Revoke Personal Bond. The
Court having considered said motion is of the opinion that the Motion to Revoke Personal Bond should be (granted) (denied).
Signed this the _________ day of _______________, 20___.
(municipal court seal)
____________________________________
Judge, Municipal Court
Editors Note: Upon granting the Motion to Revoke Personal Bond, the Judge
should issue a capias (pursuant to Chapter 23, C.C.P.) or an arrest warrant
(pursuant to Article 45.014, C.C.P.) to procure custody of the Defendant.
City of ______________________________
72
BOND
FORFEITURE
BOND FORFEITURE
Table of Contents
Affidavit of Intention to Surrender Principal .............................73
Capias: After Forfeiture or Upon Surrender of Principal ..........74
Warrant of Arrest: Surrender of Principal .................................75
Bailiff's/Clerk's Affidavit of Defendant's Failure to Appear .....76
Judgment Nisi Declaring Forfeiture: Cash or Personal
Recognizance Bond .................................................................77
Judgment Nisi Declaring Forfeiture: Surety Bond ....................78
Scire Facias Docket....................................................................79
Citation.......................................................................................80
Dismissal and Reinstatement of Bond .......................................81
Motion and Order of Dismissal With Costs ...............................82
Motion and Order of Dismissal Without Costs..........................83
Final Judgment: Cash or Personal Recognizance Bond
Finding for State ......................................................................84
Final Judgment: Surety Bond Finding for State .....................85
Agreed Final Judgment ..............................................................86
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
__________COUNTY, TEXAS
AFFIDAVIT
Before me, the undersigned authority, on this the __________ day of _______________________, 20__ personally
appeared _______________________________________, who, being by me duly sworn upon oath deposes and says that
(he)(she) is a Surety upon the bail bond of _____________________________________________, Principal, who stands
charged in the Municipal Court in the City of __________________________________, Texas, with a misdemeanor, to
wit: ______________________________________________________________________________________________
and that it is (his)(her) desire and intention to surrender the said _______________________________________________
into the custody of the Chief of Police, City of ______________________________, Texas, and upon said Principal being
placed in custody of the proper person as provided by law to be released from any further liability as such Surety, and that
this affidavit is made for the purpose of requesting the judge of said Court to issue a warrant of arrest for said Principal.
The Surety further states that (he)(she) has notified the Principals attorney (if represented by an attorney) pursuant to
Article 17.19, Code of Criminal Procedure, of the intention to surrender said Principal to the Court.
The said Surety further states on (his)(her) oath that:
1.
2.
3.
4.
Wherefore, Petitioner asks the Court that a warrant of arrest issue directing the Chief of Police of the City of
_________________________________, Texas, to place the Defendant in jail.
_______________________________________
Surety
Subscribed and sworn to before me, this the ______ day of ______________________, 20__.
________________________________________________
(Judge)(Clerk)(Notary Public in and for the State of Texas)
ORDER
On this the _____ day of ____________________, 20__, it having come to my attention that the foregoing affidavit of
intention to surrender Principal has been filed by the Surety in regard to the above mentioned prosecution which is pending
in this court;
It is therefore ordered that a warrant of arrest be issued forthwith for _________________________________,
Principal in said prosecution. Said warrant shall be executed as in other cases.
(Magistrate)(Judge)
Municipal Court, City of _________________________
County, Texas
73
CAPIAS: AFTER FORFEITURE OR UPON SURRENDER OF PRINCIPAL (Arts. 17.19 and 23.05, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
TO ANY PEACE OFFICER, SECURITY GUARD, OR PRIVATE INVESTIGATOR OF THE STATE OF TEXAS
- GREETINGS:
You are hereby commanded to take the body of ________________________________________________, herein
called Principal, and safely keep (him)(her) so that (he)(she) may be brought before the Municipal Court, City of
_________________________________________________, _____________________________ County, Texas, located
at ______________________________________________________________ immediately upon the order of said Court,
to be dealt with according to the law, then and there to answer the City of ____________________________________,
Texas, in a charge by complaint wherein the said Principal is charged with the offense of
_________________________________, and (*the Surety on the Principal's bond herein has made before this Court an
affidavit (which is by this reference incorporated herein for all purposes) of an intention to surrender the Principal and obtain
from this Court a capias for such Principal pursuant to Article 17.19, Code of Criminal Procedure) or (*the Court has
ordered the Defendants bond forfeited and rendered final the judgment nisi against the Defendant-Principal or Defendant
Surety(ies), and pursuant to Article 23.05, Code of Criminal Procedure, shall immediately issue a capias for the Defendants
arrest).
Herein fail not, but make due service and return of this writ of capias on ______________, 20___, showing how you
executed the same.
Signed this _______ day of ______________________, 20___.
_____________________________________________
(Magistrate)(Judge)
(municipal court seal)
.............................................................................................................................................................................................................
OFFICER'S RETURN
Capias received ____________________, 20__, and executed ____________________, 20__, by arresting the
Defendant and:
placing (him)(her) in jail in _________________________ County, Texas, or
taking (his)(her) bond.
_____________________________________________________________
(Peace Officer)(Security Guard)(Private Investigator) for the State of Texas
74
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
TO ANY PEACE OFFICER, SECURITY GUARD, OR PRIVATE INVESTIGATOR OF THE STATE OF TEXAS
- GREETINGS:
You are hereby commanded to take the body of ________________________________________________, herein
called Principal, and safely keep (him)(her) so that (he)(she) may be brought before the Magistrate, County of
________________________________________________, Texas, located at ____________________________________
immediately upon the order of said Magistrate, to be dealt with according to the law, then and there to answer the
jurisdiction of ____________________________________, Texas, in a charge by complaint wherein the said Principal is
charged with the offense of _________________________________, and the Surety on the Principal's bond herein has
made before this Magistrate an affidavit (which is by this reference incorporated herein for all purposes) of an intention to
surrender the Principal and obtain from this Magistrate a warrant of arrest for such Principal pursuant to Article 17.19, Code
of Criminal Procedure.
Herein fail not, but make due return of this warrant of arrest, showing how you executed the same.
Signed this _______ day of ______________________, 20___.
_____________________________________________
Magistrate
_________________________________County, Texas
.............................................................................................................................................................................................................
OFFICER'S RETURN
Warrant of arrest received ____________________, 20__, and executed ____________________, 20__, by
arresting the Defendant and:
placing (him)(her) in jail in _________________________ County, Texas, or
taking (his)(her) bond.
_____________________________________________________________
(Peace Officer)(Security Guard)(Private Investigator) for the State of Texas
75
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
AFFIDAVIT
On the _____ day of _______________, 20__, this cause came on for (arraignment)(trial) and in accordance with my
official duties of office, I, the undersigned (bailiff)(deputy clerk)(clerk) of the City of _________________________
Municipal Court do under oath state that I was present in the courtroom when this cause was called on the docket. I
personally observed that the Defendant did not appear or answer in the courtroom. Pursuant to the order of this Court and in
accordance with my official duties of office, I distinctly called the Defendant's name at the courthouse door in accordance
with law and, after a reasonable time given to the Defendant to answer and appear, the Defendant neither answered nor
appeared.
__________________________________________________
Affiant
_______________________________________
(Judge)(Deputy Clerk)(Clerk), Municipal Court
City of _________________________________
___________________________County, Texas
76
JUDGMENT NISI DECLARING FORFEITURE: CASH OR PERSONAL RECOGNIZANCE BOND (Arts. 22.02 and
22.035, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT NISI
This day Cause Number _______________ was called, and thereupon came the State of Texas by the City Attorney of
___________________________________________________________________________,
but
the
Defendant,
__________________________________________, failed to appear and answer in (his)(her) behalf, and thereupon
(his)(her) name was called distinctly at the door of the courthouse in accordance with the law, and after a reasonable time
given the Defendant to appear, the said Defendant failed to appear in Court to answer on the charge of a misdemeanor, to
wit: _____________________________________________________________________ according to the tenor and effect
of (his)(her) bond on file with this Court.
The Court finds that the State of Texas by and through the City of _________________________________________
is entitled to a forfeiture of said bond. It is therefore Ordered, Adjudged, and Decreed by this Court that the State of
Texas have and recover the sum of $__________________________________________ dollars from the Defendant for the
use and benefit of said City. This judgment will be made final unless good cause can be shown why the Defendant did not
appear.
It is further Ordered that a citation to the Defendant, as Principal, be issued and with a copy of this judgment nisi and
a copy of the bond, be deposited in the United States Postal Service directed to the said Defendant at the address shown on
the bond, or the last known address of the Defendant, as required by law.
It is further Ordered that a capias be issued for the arrest of the Defendant.
This judgment nisi declaring forfeiture is granted and signed on this _____ day of _______________, 20____.
Failed to Appear
________________________________
Judge, Municipal Court
City of __________________________
____________________ County, Texas
77
JUDGMENT NISI DECLARING FORFEITURE: SURETY BOND (Arts. 22.02 and 22.03, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT NISI
__________________________________________
Judge, Municipal Court
City of ____________________________________
______________________________County, Texas
78
STATE OF TEXAS
VS. DEFENDANT(S):
CITY OF _____________________
______________________________
Principal
and
______________________________
_____________COUNTY, TEXAS
Forfeiture of Bond
Re: Cause Number _____________
Offense Charged by Complaint:
_____________________________
______________________________
Sureties
______________________________
Attorney for State
______________________________
Attorney for Defendant
Date of Orders
79
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
_______________________________
_______________________________
Defendant's Address(es)
TO ANY SHERIFF, CONSTABLE OF TEXAS, OR OTHER PERSON AUTHORIZED BY LAW: FAIL NOT
AND DELIVER THIS WRIT FORTHWITH.
Attached is a copy of a judgment nisi rendered against you which was filed on _________________________ in the
above cited Cause Number and Court. You have been sued. You may employ an attorney. If you or your attorney do not
file a written answer with the Clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration
of 20 days after you were served this citation and petition, a default judgment may be taken against you. Said answer
should show cause why the judgment nisi (Judgment of Forfeiture) entered by the Court in the above referenced and
numbered cause should not be made final against you as the Defendant in this lawsuit.
Issued on this the _____ day of _______________, 20__.
WITNESS: _______________________________________________, Clerk of said Court, and seal thereof at office,
___________________________, Texas, on the _____ day of _______________, 20____.
Issued at request of
States Attorney:
Address:
_______________________________
Clerk, Municipal Court
City of ________________________
City of _________________________
__________________________________________________________________________________________________
OFFICER'S RETURN IF CITATION NOT SERVED
Diligence used to serve and cause of failure to execute:
Editors Note: Attach to this citation: a copy of the
judgment nisi; a copy of the forfeited bond; and a copy
of any power of attorney attached to the forfeited bond.
Officer
City of
the _____ day of ___________, 20
at ____________ o'clock ________.m.
80
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
ORDER
It is hereby Ordered, Adjudged, and Decreed that the above entitled and numbered bond forfeiture case be dismissed
(upon payment of costs)(without payment of costs) by the Defendant(s) and that the original bond be reinstated.
It is further ordered that criminal cause number ____________________ be docketed for the appearance of the
Defendant on the _____ day of ____________________________, 20__.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
Agreed, upon condition that reinstatement filed and
terms complied with by ______________________:
__________________________________________
(Deputy) City Attorney
Date
__________________________________________
Defendant/Surety
Date
81
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Date: _______________
ORDER
On this date came to be considered the State's motion to dismiss the above entitled cause. The Court, after considering
the motion, is of the opinion it should be granted.
It is therefore Ordered, Adjudged, and Decreed that the above entitled and numbered scire facias case be dismissed
with costs.
Signed on this the _____ day of _______________, 20__.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
82
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Date: _______________
ORDER
On this date came to be considered the State's motion to dismiss the above entitled cause. The Court, after considering
the motion, is of the opinion it should be granted.
It is therefore Ordered, Adjudged, and Decreed that the above entitled and numbered scire facias case be dismissed
without costs.
Signed on this the _____ day of _______________, 20__.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
83
FINAL JUDGMENT: CASH OR PERSONAL RECOGNIZANCE BOND FINDING FOR STATE (Arts. 22.14 and 22.15,
C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT
On this, the _____ day of _________________, 20__, came on for trial the above numbered and entitled cause wherein
the State of Texas is Plaintiff and ________________________________________________ is Defendant; whereupon
Defendant (appeared)(failed to answer or appear and wholly defaulted) after being duly notified; trial was to the Court, and it
appearing to the Court after consideration of the pleading and the evidence offered and admitted herein, including the bail
bond and the judgment nisi on file in this cause, that no sufficient cause is shown for the Defendant's failure to appear on
____________________, 20__, to answer the charge by complaint accusing (him)(her) of a misdemeanor and that the
judgment nisi heretofore rendered against Defendant should be made final.
It is therefore Ordered, Adjudged, and Decreed by the court that the State of Texas by and through the said City
does have and recover from ______________________________________________________________, Defendant, the
sum of $_____________________________________ and $________________________________________ in costs of
court, for all of which let execution issue on the 11th day after the date of this judgment.
It is therefore Ordered, Adjudged, and Decreed that a cash bond in the sum of $_______________________ in all
things be forfeited.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
(municipal court seal)
___________________________________
(Deputy) City Attorney
___________________________________
Defendant/Attorney
84
FINAL JUDGMENT: SURETY BOND - FINDING FOR STATE (Arts. 22.14 and 22.15, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT
On this, the _____ day of _______________, 20__, came on for trial the above numbered and entitled cause wherein
the State of Texas is Plaintiff and ________________________ is Defendant-Principal and _________________________
is Defendant-Surety; whereupon Defendant-Principal (appeared)(failed to answer or appear and wholly defaulted) and
Defendant-Surety (appeared)(failed to answer or appear and wholly defaulted) after being duly notified; trial was brought to
the Court, and it appearing to the Court after consideration of the pleading and the evidence offered and admitted herein,
including the bail bond and the judgment nisi on file in this cause, that no sufficient cause is shown for the DefendantPrincipal's failure to appear on the ____________________ day of ________________________________, 20___, to
answer the charge by complaint accusing (him)(her) of a misdemeanor and that the judgment nisi heretofore rendered
against Defendant-Principal should be made final, and that the interlocutory judgment nisi dated the _____ day of
______________________, 20___ against ___________________________________ Defendant-Principal and DefendantSurety should be made final.
It is therefore Ordered, Adjudged, and Decreed by the Court that the State of Texas through the said city does have
and recover from _________________________ as Defendant-Principal and from _________________________ as
Defendant-Surety, on the bail bond of the said Defendant-Principal, jointly and severally, the sum of $_______________
each, and $_______________ in costs of court, for all of which let execution issue on the 11th day after the date of this
judgment.
Signed on this the _____ day of ______________________, 20__.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
___________________________________
(Deputy) City Attorney
___________________________________
Defendant/Surety Attorney
85
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT
On this date set forth below came to be heard for trial the above numbered and entitled cause wherein the State of Texas
is Plaintiff and ________________________________________ is Defendant-Principal and ________________________
is Defendant-Surety; whereupon Defendant-Principal and Defendant-Surety appeared (by counsel); and it appearing to the
Court after consideration of the evidence and the pleading herein, including the bail bond and the judgment nisi on file in this
cause, that no sufficient cause is shown for the Defendant-Principal's failure to appear on ____________________, 20__, to
answer the complaint accusing (him)(her) of a misdemeanor, to wit: __________________________________________,
and that the judgment nisi heretofore rendered against Defendant-Principal and Defendant-Surety should be made final.
It is therefore Ordered, Adjudged, and Decreed by the Court that the State of Texas does have and recover from the
Defendant-Principal and Defendant-Surety on the bail bond of said Defendant-Principal, jointly and severally, the sum of
$_______________ and (no costs of court)(with costs of court), for all of which let execution issue on the 11th day after the
date of this judgment.
Signed on this the _____ day of _______________, 20____.
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
___________________________________
(Deputy) City Attorney
___________________________________
Defendant/Principal Attorney
___________________________________
Defendant/Surety Attorney
86
PLEAS
PLEAS
Table of Contents
Plea Form: By Mail or Delivery to Court ........................................ 87
Notice to Defendant Following Plea by Mail ................................... 88
Plea Form: In Person ........................................................................ 89
PLEA FORM: BY MAIL OR DELIVERY TO COURT (Arts. 27.14(b) and 27.16(b), C.C.P.)
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
_____________________________________
Defendant's Signature
Date
_____________________________________
Address
...........................................................................................................
Plea accepted on this _____ day of _______________, 20___.
______________________________________
Judge, Municipal Court
(municipal court seal)
City of ________________________________
PLEAS 08/11
87
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
Pursuant to Article 27.14(b), Code of Criminal Procedure, the Court hereby on ______________, 20___ notifies
______________________________, Defendant in Cause Number __________, that the amount of fine assessed in this cause is
$______________________________ and the amount of the appeal bond is $_________________________. You have until
_________________________, which is 31 days from the date of this notice to either pay the fine and costs or present the Court with a
proper appeal bond. You are further notified that if you are unable to pay the fine and costs or present an appeal bond to the Court
before the 31st day, you must contact the Court to schedule an indigency hearing. Payment of the fine and costs constitutes satisfaction
of the judgment and waiver of the right to appeal.
Failure to pay the fine and costs, post an appeal bond, or schedule a hearing may result in your arrest.
(municipal court seal)
_________________________________________
Judge, Municipal Court
City of ___________________________________
PLEAS 08/11
88
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
PLEA OF GUILTY
I, the undersigned, do hereby enter my appearance on the complaint of the offense, to wit:
,
charged in Municipal Court Cause Number __________. I understand that I have a right to a jury trial. I do hereby plead guilty to the
offense as charged, waive my right to a jury trial or hearing by the Court, and agree to pay the fine and costs the judge assesses. I understand
that payment of the fine and costs constitutes satisfaction of the judgment and waiver of the right to appeal. I understand that my plea may
result in a conviction appearing on either a criminal record or a drivers license record.
_____________________________
Defendant's Signature
Date
_____________________________
Address
Initial One:
_____
_____
I waive my right to a jury trial and request a trial before the Court.
I promise to appear, in person, in the _________________ Municipal Court on any date for which this case is scheduled before this Court. I
understand that if I do not appear anytime I am required to appear for this case, a Failure to Appear charge may be filed and warrants may be
issued for my arrest.
_____________________________
Defendant's Signature
Date
_____________________________
Address
...........................................................................................................
Plea accepted on this _____ day of _______________, 20___.
______________________________________
Judge, Municipal Court
(municipal court seal)
City of ________________________________
PLEAS 08/11
89
DEFERRED
PROCEEDINGS
DEFERRED PROCEEDINGS
Table of Contents
Deferred Disposition
Deferred Disposition Order ............................................................... 90
Deferred Disposition Order: Defendant Under Age 25 - Moving
Violation.......................................................................................... 92
Deferred Disposition: Notice to Defendant to Show Cause .............. 94
Deferred Disposition: Extension of Deferral Period ......................... 95
Judgment: Final Disposition of Deferred Disposition....................... 96
Driving Safety Course
DSC Warning Sign ............................................................................ 97
Request for a Driving Safety Course................................................. 98
Affidavit for a Driving Safety Course ............................................... 99
Judgment: Driving Safety Course Granted ..................................... 100
Driving Safety Course: Notice to Defendant to Show Cause ......... 101
Driving Safety Course: Extension of Time to Present Evidence of
Completion .................................................................................... 102
Judgment: Final Disposition of Driving Safety Course .................. 103
Teen Court
Teen Court Request/Agreement ...................................................... 104
Teen Court Order ............................................................................ 105
Teen Court Jury Instructions ........................................................... 106
Teen Court Community Service Referral........................................ 108
Chemically Dependent Person Order .............................................. 109
VS.
CITY OF __________________
_____________________
__________COUNTY, TEXAS
90
If Defendant successfully complies with the conditions of this agreement, then this case shall be DISMISSED by the Court and shall
NOT be reported as a conviction. Failure to comply shall cause this case to result in a CONVICTION, payment of a FINE of
$___________ owed, and the conviction will be reported as required by law.
A copy of this Order was delivered to the Defendant on this date.
Received, agreed to, and signed this the _____ day of ____________________, 20____.
______________________________________
Defendants Signature
____________________________________
Judge, Municipal Court
City of_______________________________
_________________________County, Texas
Editors Note: This order is inapplicable to defendants younger than age 25 accused of a traffic offense classified as a moving violation.
91
VS.
CITY OF _________________
_____________________
__________COUNTY, TEXAS
92
13. Submit proof of financial responsibility as required by law to the Court at the termination of the deferral period; said proof
showing that Defendant kept in force financial responsibility during the entire deferral period.
14. Other: ____________________________________________________________________________________________.
15. Present to the Court satisfactory evidence of complying with each requirement imposed by the Judge.
Violation of any of the above noted conditions shall constitute a violation of this agreement.
If Defendant successfully complies with the conditions of this agreement, then this case shall be DISMISSED by the Court and shall
NOT be reported as a conviction. Failure to comply shall cause this case to result in a CONVICTION, payment of a FINE of
$___________ owed, and the conviction will be reported as required by law.
A copy of this Order was delivered to the Defendant on this date.
Received, agreed to, and signed this the _____ day of ____________________, 20____.
______________________________________
Defendants Signature
____________________________________
Judge, Municipal Court
City of_______________________________
_________________________County, Texas
93
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of __________________________, 20___, to show cause why you failed to comply with the Courts order in this case
by _______________________________, 20 ___.
Failure to appear on this date and time will result in a judgment of $____________________ being entered against you based on
the punishment set when you were granted deferred disposition, and a capias pro fine will be issued for your arrest.
_____________________________________
Judge, Municipal Court
City of________________________________
_________________________County, Texas
Date: ________________________________
94
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
City of _____________________________________________
______________________________________ County, Texas
Editors Note: Article 45.051(c-1), C.C.P., does not provide a maximum amount of time for which the judge may grant an
extension for a deferred disposition. Presumably, the period of time may not exceed the original 180 day maximum.
95
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
JUDGMENT
On this the ____ day of ____________________, 20___, in the above numbered and entitled cause:
It is Ordered that the cause is dismissed, and there be no final conviction, on the grounds that the Defendant
presented evidence of successful completion of the terms of the deferred disposition.
It is Ordered that the cash bond to secure payment of the fine posted by Defendant in the amount of $___________
shall be refunded.
It is Ordered that, as the Defendant has failed to comply with the terms of the deferred disposition, final conviction is
entered and the Defendant is Ordered to pay the fine assessed in the amount of $_______________ and all unpaid
court costs in the amount of $_______________
immediately.
by_________________________ [enter later date].
at designated intervals (see attached Installment Agreement Order incorporated as part of this judgment).
It is Ordered that the cash bond posted by the Defendant is forfeited to pay the fine assessed.
It is Ordered that the special expense fee paid by the Defendant be credited toward the payment of the fine hereby
imposed.
It is further Ordered and Adjudged that if the Defendant fails to comply with the orders of this Judgment, the
Defendant shall be committed to the custody of the Chief of Police of the City of _________________, Texas until said fine
and costs are fully paid. In the event the Defendant defaults in the discharge of this judgment, pursuant to Article 45.048(b),
Code of Criminal Procedure, the Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine
and costs at the following rate:
_____ hours (not less than 8 or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the Defendant for
the amount of such fine and costs.
___________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _____________________________________________
______________________________________ County, Texas
Editors Note: The judge may impose a lesser fine than the fine assessed in the Order granting deferred, unless the defendant
is under the age of 25 and was charged with a moving violation offense. In that case, the amount of the fine may not be less
than the fine assessed when the defendant was granted the deferred disposition. Art. 45.051(d)-(d-1), C.C.P.
96
97
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
___________________________________________________
Defendant's Signature
Date
Date
98
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
AFFIDAVIT
I, ___________________________, state under oath that on the date of my request for a driving safety course/motorcycle operator
training course in the above numbered cause that I was not taking such a course nor had I completed one within the 12 months
preceding the date of my current offense that is not shown on my driving record as maintained by the Texas Department of Public
Safety (or as maintained by the state that issued my drivers license - active military duty personnel only).
____________________________________
Defendants Signature
Sworn and subscribed before me, the undersigned authority on this the ____ day of ____________________, 20___.
____________________________________
(Judge)(Court Clerk)(Deputy Court Clerk)
(Notary Public in and for the State of Texas)
Editors Note: Required to be filed within 90 days of the request for a driving safety course/motorcycle operator training course.
99
CITY OF __________________
__________COUNTY, TEXAS
INTERIM JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared (by
attorney) (in person) (by mail), entered a plea of (guilty) (no contest), and waived a jury trial or any trial; and the Court finds the
Defendant guilty of the offense of ___________________________________________________. The Defendant, having been found
guilty, is assessed a fine of $_________________________ plus any and all costs required to be paid.
The Defendant elected to take a driving safety course, and the Court finds that the Defendant meets the requirements for taking a
driving safety course. The imposition of this judgment is hereby deferred for a period of 90 days and the Defendant is hereby granted the
right to take a (driving safety course) (motorcycle operator training course). The Defendant is ordered to pay immediately all court costs
and fees required by statute or ordinance in the amount of $_____________.
The Defendant is required to complete the course and present evidence (a uniform certificate of completion of the driving safety
course) (a verification of completion of the motorcycle operator training course) to this Court by ___________________________,
20___. Furthermore, when presenting evidence of course completion, the Defendant is ordered to present a certified copy of the
Defendants driving record as maintained by the Texas Department of Public Safety (or if the Defendant is on active military duty or is
the spouse or dependent child of a member of the United States military forces on active military duty, a certified copy of the Defendants
driving record from the state that issued Defendants drivers license), showing that the Defendant has not completed an approved driving
safety course or motorcycle operator training course, as applicable, within the 12 months preceding the date of the offense, and an
affidavit stating that the Defendant was not taking a driving safety course or motorcycle operator training course, as applicable, under
Article 45.0511, Code of Criminal Procedure, on the date of the request to take this course and has not completed such a course that is not
shown on the Defendants driving record within the 12 months preceding the date of the offense.
____________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _________________________________________________
________________________________________ County, Texas
100
DRIVING SAFETY COURSE: NOTICE TO DEFENDANT TO SHOW CAUSE (Art. 45.0511, C.C.P.)
CITY OF __________________
__________COUNTY, TEXAS
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20___, to show cause why you failed to comply with the Courts order in this case by
____________________, 20___.
Failure to appear on this date and time will result in a judgment of $________________ being entered against you based on the
punishment set when you were granted your request for a driving safety course, and a capias pro fine will be issued for your arrest.
____________________________________
Judge, Municipal Court
City of_______________________________
_________________________County, Texas
Date: ________________________________
101
DRIVING SAFETY COURSE: EXTENSION OF TIME TO PRESENT EVIDENCE OF COMPLETION (Art. 45.0511(k), C.C.P.)
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
City of _____________________________________________
______________________________________ County, Texas
Editors Note: Article 45.0511(k), C.C.P., does not provide a maximum amount of time for which the judge may grant an
extension to show evidence of completion of a DSC or motorcycle operator training course. Presumably, any extension of
time may not exceed the original 90 day maximum.
102
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
FINAL JUDGMENT
On this the ____ day of ____________________, 20___, on the above numbered and entitled cause:
The judgment is Ordered removed and the case dismissed on the grounds that the Defendant presented evidence of
successful completion of a (driving safety course) (motorcycle operator training course) and a certified copy of the
Defendants driving record from the Texas Department of Public Safety, and the required affidavit under Article
45.0511, Code of Criminal Procedure.
The Defendant, having not complied with the Courts order set forth above, having been given notice of a show cause
hearing, and having failed to show good cause why he/she failed to comply with the Courts order, is Ordered to pay the
fine assessed in the amount of $______________
immediately.
by ________________________________________________.
at designated intervals (see attached Installment Agreement Order incorporated as part of this judgment).
It is further Ordered and Adjudged that if the Defendant fails to comply with the orders of this Judgment, the Defendant
shall be committed to the custody of the Chief of Police of the City of _________________, Texas until said fine and costs are
fully paid. In the event the Defendant defaults in the discharge of this judgment, pursuant to Article 45.048(b), Code of
Criminal Procedure, the Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine and
costs at the following rate:
_____ hours (not less than 8 or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the Defendant for the
amount of such fine and costs.
___________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _________________________________________________
________________________________________ County, Texas
103
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
I hereby acknowledge that in order to attend the Teen Court program in lieu of a conviction being entered on my
criminal record or driving record, I must satisfy the following conditions:
1.
I am under the age of 18 or enrolled full-time in an accredited secondary school in a program leading toward a high school
diploma.
2.
I have not successfully completed a Teen Court program in the two years preceding the date that the alleged offense
occurred.
3.
I understand that I have _______ (a period not to exceed 180 days) calendar days from today's date to complete the program.
No extensions can or will be granted.
4.
I am responsible for returning to this Court a copy of the certificate of completion showing that I have completed the Teen
Court program within 90 days from the date of my Teen Court hearing or prior to the end of the deferral period, whichever is
earlier.
5.
I understand that non-compliance with any portion of this request may result in the Court's issuing a warrant for my arrest
and will result in the fine becoming due.
6.
I understand that the Teen Court may charge non-refundable fees, not to exceed $20 ($40 in cities in the Texas-Louisiana
border region), for the course in addition to any court costs owed.
______________________________________________
Name
________________________________________________
Offense
______________________________________________
Address
________________________________________________
Date of Offense
______________________________________________
Date of Birth
Age
________________________________________________
School Attending
______________________________________________
Home Telephone
________________________________________________
Parent's or Legal Guardian's Work Telephone
______________________________________________
Today's Date
________________________________________________
Completion Date
__________________________________
Defendant's Signature
_______________________________
Judge, Municipal Court
__________________________________
Parent's or Legal Guardian's Signature
City of _________________________
___________________ County, Texas
104
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
City of______________________________________
_______________________________ County, Texas
__________________________________________
Address
Offense
Birthdate: _________________________________
Date of Offense
School Attending:
105
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
____
____
____
____
Fifth Amendment
Objection to the jury
Admission of guilt
Oath
The above admonishments, oaths, and procedures were given to the above named Defendant.
_____________________________________________
Presiding Judge
_____________________________________
Date
JURY INSTRUCTIONS
You, the jury, are advised to retire to the Jury Room and proceed in determining the recommendation that you will make
to the Court regarding the offense(s). You are instructed that your recommendation in deciding the number of community service
hours for each offense listed and whether the hours are to be served consecutively or concurrently must be unanimous. Answer
the questions on the back of this sheet to be certain full consideration is given. Return this to the bailiff when a verdict has been
reached and return quietly to the jury seating section.
Recommended hours:
Defense _________
Prosecution _________
JURY RECOMMENDATION
We, the Teen Jury, recommend that the Defendant receive the following constructive sentence:
_________________________________________________________________________________________________
_________________________________________________________________________________________________
For multiple offenses list the hours for each offense and state whether they are to be served consecutively (added together
end to end) or concurrently (worked off at the same time).
This decision is unanimous; all questions on the back of this statement were read and considered in the deliberations.
Required jury terms:
Signature, Presiding Juror
(Other jurors sign on back of sheet)
106
These questions are to appear on the back side of the previous page.
1.
2.
Is it likely that Defendant can get to jury duty and the community service agency independently or that he/she must depend on
others for transportation?
(on ticket).
.
3.
Pertinent facts brought out in the hearing that were considered in reaching the verdict:
.
4.
YES
NO
YES
NO
In the jurors judgment, will the number of hours be adequate to make a lasting impression on the Defendant, but not be so
many as to be overwhelming and cause him/her to drop out (especially if there are multiple offenses involved)?
YES NO
Jurors (signatures):
107
In the event the community service is not completed by the date shown above, please mail this copy to the Teen Court
Coordinator at the above address.
The Emergency Release Form should remain with your agency while the youth is performing his/her community service.
This teenager (and the parent/guardian, if this is a juvenile) has signed this document to acknowledge permission for you to
release information regarding this youth to: (name of Court)
.
Thank you for your participation; if you have any questions or problems, please contact:
____________________________________________________ at
Appropriate Court Official
.
Telephone Number
______________________________
Date
______________________________
Date
Youth
______________________________
Date
_________________________________________
Signature of Supervisor
__________________
Date
108
CITY OF _________________
__________COUNTY, TEXAS
___________________________________________
Judge, Municipal Court
City of _______________________________________
_________________________________ County, Texas
Employment
Work Address and Telephone
Telephone:
Address:
...........................................................................................................
It is hereby ORDERED that, the Defendant having presented satisfactory evidence that the Defendant was committed for
and completed the court-ordered treatment in accordance with Chapter 462, Health and Safety Code, this cause be
DISMISSED and there shall be no final conviction.
____________________________________________
Judge, Municipal Court
Date: ______________________________________
109
TRIAL
SETTINGS
TRIAL SETTINGS
Table of Contents
NON-JURY TRIAL SETTING FORM (Defendant Appears by Mail Pursuant to Art. 27.16(b), C.C.P.)
STATE OF TEXAS
VS.
___________________
CITY OF __________________
__________COUNTY, TEXAS
110
NON-JURY TRIAL SETTING FORM (Defendant Appears in Person Pursuant to Art. 27.16(a), C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
NOTICE IS HEREBY GIVEN of the non-jury trial court date of the above numbered and styled cause. The date of trial is
set on the __________ day of _______________, 20___, at __________ o'clock __.m.*
I PROMISE TO APPEAR, in person, in the ____________________ Municipal Court on or before the aforementioned
date and on any date for which this case is scheduled before this Court. I understand that if I do not appear anytime that I am
required to appear for this case, a Failure to Appear charge may be filed and warrants may be issued for my arrest. I waive
my right to a jury trial and choose to have my trial before a judge.
_______________________________________________
Defendant's Signature
Date
______________________________________________
(Court Clerk)(Deputy Clerk)
Date
___________________________________________________________________________________________________
Defendants Address
Telephone Number
*Notice: To request a continuance to reset the above court date, a written Motion for Continuance stating the reason (good
cause) for the continuance must be filed with this Court _____ hours prior to the time and date of above court date. Failure
to comply with this notice requirement may result in your motion for continuance being denied.
111
JURY TRIAL SETTING FORM (Defendant Appears by Mail Pursuant to Art. 27.16(b), C.C.P.)
STATE OF TEXAS
VS.
___________________
CITY OF __________________
__________COUNTY, TEXAS
Date
*Notice: To request a continuance to reset the above court date, a written Motion for Continuance stating the reason (good
cause) for the continuance must be filed with this Court _____ hours prior to the time and date of above court date. Failure
to comply with this notice requirement may result in your motion for continuance being denied.
112
JURY TRIAL SETTING FORM (Defendant Appears in Person Pursuant to Art. 27.16(a), C.C.P.)
CITY OF __________________
__________COUNTY, TEXAS
NOTICE IS HEREBY GIVEN of the jury trial court date of the above numbered and styled cause. The date of trial is set
on the __________ day of _______________, 20___, at __________ o'clock __.m.*
I PROMISE TO APPEAR, in person, in the ____________________ Municipal Court on or before the aforementioned
date and on any date for which this case is scheduled before this Court. I understand that if I do not appear anytime I am
required to appear for this case, a Failure to Appear charge may be filed and warrants may be issued for my arrest.
Furthermore, I understand that if I fail to appear, I may be assessed the costs of summoning the jurors.
_______________________________________________
Defendant's Signature
Date
________________________________________________
(Court Clerk)(Deputy Clerk)
Date
___________________________________________________________________________________________________
Address
Telephone Number
*Notice: To request a continuance to reset the above court date, a written Motion for Continuance stating the reason (good
cause) for the continuance must be filed with this Court _____ hours prior to the time and date of above court date. Failure
to comply with this notice requirement may result in your motion for continuance being denied.
113
STATE OF TEXAS
VS.
___________________
CITY OF __________________
__________COUNTY, TEXAS
GREETINGS:
According to Court records, you have entered a plea of not guilty and have requested a trial by jury in the above
entitled and numbered cause.
While the Texas Constitution ensures you the right to a trial by jury, you do not have a constitutional right to jury
sentencing. Rather, the right to jury sentencing is purely statutory in origin. To invoke this statutory right, you must
make a timely election of jury sentencing.
If you do not make a timely election for the jury to assess punishment, and are found guilty by the jury, the Court
will assess the punishment.
For your election to be timely, you are hereby ordered by the Court to make your election in writing:
At a pre-trial hearing (if one is ordered by the Court); or
Prior to beginning the voir dire examination of the jury panel.
You may make your election by providing the Court with a copy of the attached motion.
ORDER
On this ___________ day of ______________, 20___, came on to be heard the foregoing motion, and the same
having been timely filed is granted.
______________________
Judge Presiding
(municipal court seal)
114
PRE-TRIAL SETTING
STATE OF TEXAS
VS.
___________________
CITY OF __________________
__________COUNTY, TEXAS
NOTICE IS HEREBY GIVEN that the above numbered and styled cause is scheduled for a pretrial hearing in the
______________________________ Municipal Court at _____________________________________________________
(address) the __________ day of _______________, 20___, at __________ o'clock __.m.*
FAILURE TO APPEAR at the hearing or on any date for which this case is scheduled before this Court may result in a
charge of Failure to Appear being filed and warrants being issued for your arrest. You may also be required to pay the costs
of impaneling the jury.
_____________________________
(Court Clerk)(Deputy Clerk)
Date: ________________________
*Notice: To request a continuance to reset the above court date, a written Motion for Continuance stating the reason (good
cause) for the continuance must be filed with this Court _____ hours prior to the time and date of the above court date.
Failure to comply with this notice requirement may result in your motion for continuance being denied.
115
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
____________________
Your continuance has been granted. NOTICE IS HEREBY GIVEN that the trial date setting of the above
numbered and styled cause is rescheduled for the __________ day of _______________, 20___, at __________ o'clock
__.m.
Failure to appear for this court date or any date for which this case is scheduled before this Court may result in
a Failure to Appear charge being filed against you and warrants issued for your arrest.
Date
116
STATE OF TEXAS
VS.
___________________
CITY OF __________________
__________COUNTY, TEXAS
TO ________________________________________ GREETINGS:
(person ordered to summon jurors)
You are hereby Ordered to summon _______ (number) persons who are qualified jurors in the city, to appear before
this Court on the ___ day of ____________________ , 20___ at ___________________ oclock ____.m., then and there
to serve as jurors in the trial of such cause or causes as are then set for jury trial.
Signed and entered this _____ day of __________________, 20___.
________________________________________
Judge Presiding
1.
_________________________________________________________________________________________
2.
_________________________________________________________________________________________
3.
_________________________________________________________________________________________
4.
_________________________________________________________________________________________
5.
_________________________________________________________________________________________
6.
_________________________________________________________________________________________
7.
_________________________________________________________________________________________
8.
_________________________________________________________________________________________
9.
_________________________________________________________________________________________
10. _________________________________________________________________________________________
11. _________________________________________________________________________________________
12. _________________________________________________________________________________________
*Add additional pages as needed for more jurors.
______________________________
Signature of Person Summoning Jury
117
NOTICES
1. Failure to appear for jury service may result in a $100 fine for contempt (Code of
Criminal Procedure, Article 45.027).
2. If you fail to attend court in obedience to the notice without reasonable excuse or file a
false claim of exemption, you can be fined not less than $100 or more than $500 (Government
Code, Section 62.111).
3. If you do not comply with the summons or knowingly provide false information in a
request for an exemption to be excused from jury service, you are subject to a contempt
action punishable by a fine of not less than $100 or more than $1,000 (Government Code,
Section 62.0141).
4. If you claim to be disqualified based on a lack of citizenship, you will no longer be eligible
to vote if you fail to provide proof of citizenship. If you claim a disqualification or exemption
based on lack of residence in this county, you may no longer be eligible to vote in this county.
Note: Effective September 1, 1999, Texas Civil Practice & Remedies Code, Section 122.002, makes terminating an
employee because he or she performs jury duty a Class B misdemeanor.
118
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Name: __________________________________________________________________________________________
Address: _________________________________________________________________________________________
City: _______________________________________________
State: _______________
Zip: ___________
As plaintiff? Yes No
As a Defendant? Yes No
__________________________________________
Jurors Signature
119
TO:
FROM:
RE:
DATE:
In September 2000, the Office of Court Administration (OCA) completed its work on the Official Uniform Model Jury
Summons & Questionnaire mandated by Chapter 62 of the Government Code. All counties were required to conform
their written jury summons and questionnaires to the Official Uniform Model Jury Summons & Questionnaire no later
than January 1, 2001.
In May 2001, the Texas Municipal Courts Education Center adapted the Official Uniform Model Jury Summons and
Questionnaire for use in municipal courts. There were three Official Municipal Court Jury Summons & Juror
Questionnaires. The models differed only in respect to the population bracket exemptions:
Applicable to cities with a county population of at least 200,000 but fewer than 250,000 residents.
In August 2009, OCA revised the Official Uniform Model Jury Summons and Questionnaire to create one model that can be
used by all counties, regardless of population. This form was again revised in 2011 to incorporate changes in exemptions and
disqualifications enacted by the 82nd Legislature.
Pursuant to Sections 62.0131 and 62.0132, Government Code, each model includes: 1) a mandatory jury questionnaire that
solicits basic demographic information about the juror; 2) notice regarding the jurors right to reemployment; 3) notice
concerning the consequences to the juror for failure to obey the summons; 4) notice to the juror concerning appropriate dress
in the courtroom; 5) notice to the juror concerning the statutory qualifications for jury service; and 6) notice to jurors
concerning statutory exemptions from jury service, including active duty military deployment.
In adapting the Official Model Jury Summons and Questionnaire for municipal court use, the following modifications
were made: 1) In addition to providing notice regarding a jurors right to reemployment, criminal penalties for
employers are defined; 2) The consequences to the juror for failure to obey the summons refer to the specific provisions
of Chapter 45 of the Code of Criminal Procedure; 3) The general qualifications for jury service are supplemented by the
specific requirement that the juror be a resident of the municipality for which the Court is established.
Information contained in the completed juror questionnaire is confidential and not subject to the public information
provisions contained in Chapter 552 of the Government Code. The information contained in the completed juror
questionnaire may only be disclosed to: 1) a judge assigned to hear a cause of action in which the respondent to the
questionnaire is a potential juror; 2) court personnel; and 3) a litigant and a litigants attorney in a cause of action in
which the respondent to the questionnaire is a potential juror.
While the model forms provided contain statutorily mandated language, each model may be supplemented to meet the
needs of your court (e.g., maps, parking information, internet access, etc.). Additional questions may be added to the
juror questionnaire as deemed relevant by the trial judge. However, neither the OCA nor TMCEC is empowered to
determine the efficacy of any supplemental information added to the summons or questionnaire.
120
Texas Court Clerks, Court Administrators, Court Coordinators, Justices of the Peace, and Voter Registrars
Office of Court Administration
Instructions Concerning the Official Model Jury Summons and Questionnaire
August 1, 2011
The Office of Court Administration (OCA) is required by Sections 62.0131 and 62.0132 of the Government
Code to develop and maintain a model for a uniform written jury summons and questionnaire. In response to
suggestions from clerks, judges and attorneys, OCA has revised the model jury summons and questionnaire. Your
county is required to use a written jury summons and questionnaire that conforms with the OCA model. The model can
be used by all counties regardless of their population.
The model is designed to be printed on an 8 " by 11" card with a fold in the middle to result in an 8 " by 5
" mail piece. Page one of the model is designed to be on the front of the card while page 2 is designed to be on the
back.
Please note the following instructions to ensure that you modify the model in an appropriate manner for
your county:
(1) The four blanks in the sentences on the top of page 2 should be filled in with the title of the
appropriate clerk (e.g., district clerk);
(2) Exemptions 8 and 9 should not be listed in counties with populations of less than 200,000;
(3) Exemption 9 should not be listed in counties with populations of less than 250,000;
(4) Exemption 8 should not be listed in any county in which the county uses a jury plan under
Government Code, Section 62.011 and the period authorized under Section 62.011(b) exceeds two years;
(5) Exemption 9 should not be listed in any county in which the countys jury wheel has been
reconstituted prior to the time that a person who has previously served as a petit juror in the county has
again been summoned for jury service; and
(6) Complete the contact information in the area designated as Clerk Contact Information on the top
of page two.
Understanding that each Texas county is different, OCA believes counties may format the text of the model to
meet their particular needs. Maps, parking information, internet access information, and other similar information may
be added to the model. The top portion of page one is especially flexible. Please feel free to adjust this portion of the
form to your countys particular needs.
If you have any questions or suggestions concerning the Official Model Jury Summons and Questionnaire,
please contact Ted Wood, Assistant General Counsel for OCA.
Ted Wood
Assistant General Counsel
Office of Court Administration
P. O. Box 12066
Austin, Texas 78711-2066
(512) 936-1183
Fax: (512) 463-1648
[email protected]
121
JUROR QUESTIONNAIRE
Age:
Date of Birth:
Your Name:
Home Address:
Mailing Address (if different from home):
Primary Phone:
Alternate Phone:
County of Residence:
Your Occupation:
Your Employer:
How Long?
Spouses Name:
Spouses Occupation:
Spouses Employer:
Have you ever served on a civil jury? Y N
How Long?
Have you ever served on a criminal jury? Y N
NOTE: If you state that you are not a U.S. citizen, you will no longer be eligible to vote if you fail to provide proof of U.S. citizenship to your
county voter registrar.
TRIAL SETTINGS 08/11
122
___________________________
______________
Signature
Date
Right to Reemployment: A private employer may not terminate the employment of a permanent employee because the employee serves as a juror.
An employee whose employment is terminated in violation of this section is entitled to return to the same employment that the employee held when
summoned for jury service if the employee, as soon as practical after release from jury service, gives the employer actual notice that the employee
intends to return. (Civil Practice and Remedies Code, Section 122.001). Terminating an employee for performing jury duty is punishable by up to 180
days in jail and/or a fine not to exceed $2,000. (Civil Practice and Remedies Code, Section 122.002).
Failure to Answer Summons and Provision of False Information: Any person summoned who fails to attend or who fails to remain in attendance
until discharged by the Court may be fined an amount not to exceed $100 for contempt (Code of Criminal Procedure, Article 45.027). A person shall
be fined not less than $100 nor more than $500 if the person: (1) fails to attend court in obedience to this summons without reasonable excuse; or (2)
files a false claim of exemption from jury service (Government Code, Section 62.111; see also Code of Criminal Procedure, Article 35.01). A person
who fails to comply with this summons, or who knowingly provides false information in a request for an exemption or to be excused from jury
service, is subject to a contempt action punishable by a fine of not less than $100 nor more than $1,000 (Government Code, Section 62.0141).
Proper Clothing Required: All persons entering the courtroom should be dressed in clothing reasonably befitting the dignity and solemnity of the
court proceedings.
TRIAL SETTINGS 08/11
123
STATE OF TEXAS
VS.
CITY OF __________________
___________________
___________COUNTY, TEXAS
The following persons have been selected as the jury panel (venire panel)*:
1.
_________________________________________________________________________________________
2.
_________________________________________________________________________________________
3.
_________________________________________________________________________________________
4.
_________________________________________________________________________________________
5.
_________________________________________________________________________________________
6.
_________________________________________________________________________________________
7.
_________________________________________________________________________________________
8.
_________________________________________________________________________________________
9.
_________________________________________________________________________________________
10. _________________________________________________________________________________________
11. _________________________________________________________________________________________
12. _________________________________________________________________________________________
13. _________________________________________________________________________________________
14. _________________________________________________________________________________________
15. _________________________________________________________________________________________
16. _________________________________________________________________________________________
17. _________________________________________________________________________________________
18. _________________________________________________________________________________________
124
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
___________________
1.
_________________________________________________________________________________________
2.
_________________________________________________________________________________________
3.
_________________________________________________________________________________________
4.
_________________________________________________________________________________________
5.
_________________________________________________________________________________________
6.
_________________________________________________________________________________________
7.
_________________________________________________________________________________________
8.
_________________________________________________________________________________________
9.
_________________________________________________________________________________________
10. _________________________________________________________________________________________
11. _________________________________________________________________________________________
12. _________________________________________________________________________________________
*Add additional pages as needed for more jurors.
___________________________
Officer Executing Return
125
JURY LIST
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
_________________________________________________________________________________________
2.
_________________________________________________________________________________________
3.
_________________________________________________________________________________________
4.
_________________________________________________________________________________________
5.
_________________________________________________________________________________________
6.
_________________________________________________________________________________________
126
STATE OF TEXAS
VS.
__________________
CITY OF __________________
__________COUNTY, TEXAS
State Exhibits
Defense Exhibits
Exhibit #
Admitted
Description
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
________________________________________
Judge Presiding
127
STATE OF TEXAS
VS.
__________________
CITY OF __________________
__________COUNTY, TEXAS
VERDICT
GUILTY
We, the jury, find the above named Defendant guilty as charged in the complaint and assess a fine of $_____________.
_______________________________
Jury Foreperson
Date: __________________________
................................................................................................
NOT GUILTY
We, the jury, find the above named Defendant not guilty.
_______________________________
Jury Foreperson
Date: __________________________
128
STATE OF TEXAS
VS.
__________________
CITY OF __________________
__________COUNTY, TEXAS
VERDICT
GUILTY
We, the jury, find the above named Defendant guilty as charged in the complaint.
_______________________________
Jury Foreperson
Date: __________________________
................................................................................................
NOT GUILTY
We, the jury, find the above named Defendant not guilty.
_______________________________
Jury Foreperson
Date: __________________________
129
Date: _________________________
To Whom It May Concern:
Please be advised that __________________________________________________ was in our court the _____ day of
________________, 20___, from ________ o'clock ___.m. until ________ o'clock ___.m. as a (Defendant)(witness)(juror).
Thank you,
_________________________________________
(Bailiff)(Clerk), Municipal Court
City of ___________________________________
_____________________________County, Texas
Note: Effective September 1, 1999, Texas Civil Practice & Remedies Code, Section 122.002, makes terminating an
employee because he or she performs jury duty a Class B misdemeanor.
130
131
_______________________
Defendant
CITY OF __________________
__________COUNTY, TEXAS
RIGHT TO EXPUNCTION
YOU ARE ADVISED that today a judgment of acquittal has been entered in this proceeding.
You may have the right to expunction of any records and files relating to your arrest for this offense.
Expunction orders must be obtained from a district court in this county. A Petition for Expunction must be filed in
district court pursuant to Chapter 55, Code of Criminal Procedure. You should direct any questions you have concerning
expunction to an attorney.
________________________________________
Judge, Municipal Court
132
JUDGMENTS
&
ORDERS
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared (by
attorney) (in person) (by mail) and entered a plea of (guilty) (no contest) (not guilty) and waived a jury trial; and the Court, having
heard the evidence and arguments, finds the Defendant guilty of the offense of ____________________________________________.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas, for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by __________________________________________________________________________________________.
at designated intervals. See attached Installment Agreement Order incorporated as part of this judgment.
(If sentence in addition to payment of fine is authorized) It is further Ordered that the Defendant shall
__________________________________________________________ no later than _______________________, 20_____.
The Defendant is hereby Ordered to pay restitution in the amount of $____________________________________ to the
victim in this case. Said restitution to be paid by
.
It is further Ordered and Adjudged that if the Defendant fails to comply with the orders of this judgment, the Defendant
shall be committed to the custody of the Chief of Police of the City of ___________, Texas until said fine and costs are fully paid. In
the event the Defendant defaults in the discharge of this judgment, pursuant to Article 45.048(b), Code of Criminal Procedure, the
Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine and costs at the following rate:
_____ hours (not less than 8 or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the Defendant for the
amount of such fine and costs.
_________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of____________________________________________
_____________________________________County, Texas
133
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person, (with a parent or guardian) (presence of parent or guardian waived after diligence used to obtain presence), (was represented by
an attorney) (representation by an attorney waived), and entered a plea of (guilty) (no contest) (not guilty) and waived a jury trial; and
the Court, having heard the evidence and arguments, finds the Defendant guilty of the offense of
___________________________________________________________________________.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas, for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by ______________________________________________________________________.
at designated intervals. See attached Installment Agreement Order incorporated as part of this judgment.
If the Defendant fails to comply with the orders of this judgment, the Defendant shall be committed to the non-secure custody of
the Chief of Police of the City of ___________, Texas.
_________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of____________________________________________
_____________________________________County, Texas
Editors Note: The judge may order any of the general optional orders applicable to juveniles under Section 45.057, C.C.P.
and/or may allow the defendant to discharge the fines/costs through community service or tutoring under Section 45.0492,
C.C.P. Attach to this Order the applicable Optional Orders Applicable to Juveniles form or Community Service/Tutoring
Addendums.
134
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____ day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person and entered a plea of not guilty and demanded a jury trial; and the jury, having heard the evidence and arguments, found the
Defendant:
Guilty of the offense of ______________________________ and assessed a fine of $__________.
Guilty of the offense of______________________________ and the Court assesses a fine of $_________.
It is therefore Ordered and Adjudged by the Court that the State of Texas, for the use and benefit of the City of
__________________________, Texas, does have and recover from the Defendant the fine in the amount of
$________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by ______________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
(If sentence in addition to payment of fine is authorized) It is further Ordered that the Defendant shall
no later than _______________________, 20_____.
The Defendant is hereby Ordered to pay restitution in the amount of $____________________________________ to the
victim in this case. Said restitution to be paid by ________________________,
It is further Ordered and Adjudged that if the Defendant fails to comply with the orders of this judgment, the Defendant shall
be committed to the custody of the Chief of Police of the City of _____________________________, Texas, until said fine and costs
are fully paid. In the event the Defendant defaults in the discharge of this judgment, pursuant to Article 45.048(b), Code of Criminal
Procedure, the Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine and costs at the following
rate:
_____ hours (not less than 8 or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the Defendant for the
amount of such fine and costs.
_________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of____________________________________________
_____________________________________County, Texas
135
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____ day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person, (with a parent or guardian) (presence of parent or guardian waived after diligence used to obtain presence), (was represented by
an attorney) (representation by an attorney waived), and entered a plea of not guilty and demanded a jury trial; and the jury, having
heard the evidence and arguments, found the Defendant:
Guilty of the offense of ______________________________ and assessed a fine of $__________.
Guilty of the offense of _______________________________and the Court assesses a fine of $_________.
It is therefore Ordered and Adjudged by the Court that the State of Texas, for the use and benefit of the City of
__________________________, Texas, does have and recover from the Defendant the fine in the amount of
$________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by ______________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
If the Defendant fails to comply with the orders of this judgment, the Defendant shall be committed to the non-secure custody of
the Chief of Police of the City of ___________, Texas.
_________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of____________________________________________
_____________________________________County, Texas
Editors Note: The judge may order any of the general optional orders applicable to juveniles under Section 45.057, C.C.P.
and/or may allow the defendant to discharge the fines/costs through community service or tutoring under Section 45.0492,
C.C.P. Attach to this Order the applicable Optional Orders Applicable to Juveniles form or Community Service/Tutoring
Addendums.
136
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
This Court finds that on the ____ day of _________________, 20____, the Defendant, _________________________________,
posted a cash bond with this Court and entered a written and signed plea of nolo contendere and a waiver of jury trial conditional on
(his)(her) appearance according to the terms of the Defendants release. Further, this Court finds, that on this the ____ day of
___________________, 20___, Defendant failed to appear as ordered in the terms of (his)(her) release.
Thereby, the Court finds the Defendant guilty of the offense of ____________________________________________________
and conviction is hereby entered against the Defendant. According to the terms of the Defendants release, the cash bond posted with
this Court is hereby forfeited to satisfy the fine and costs assessed against the Defendant.
Further, it is Ordered, that a copy of this Judgment be sent to the Defendant immediately by regular mail to the Defendants last
known address.
Defendant:
You are hereby notified that on the _____ day of ______________________, 20____, a judgment of conviction and forfeiture of
bond has been entered against you in the above styled cause for the offense of ___________________________________________.
The forfeiture of the cash bond posted in this case satisfies the fine and costs in this case.
You have the right to a new trial in this case. You must make your motion for new trial not later than the 10th day after the date
the judgment and forfeiture were entered against you. If you timely make this motion for new trial, this Court shall grant your motion
and you will be permitted to withdraw your previously entered plea of nolo contendere and waiver of jury trial.
Date
City of
County, Texas
137
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT OF ACQUITTAL
On this the ____ day of _______________________, 20___, the Defendant in the above numbered and entitled cause appeared
(by attorney) (in person) and entered a plea of not guilty and (waived)(demanded) a jury trial; and the (Court)(jury), having heard the
evidence and arguments, finds the Defendant not guilty of the offense of ________________________________________________.
It is therefore Ordered and Adjudged, that the Defendant, being found not guilty, is immediately discharged from all further
liability for the offense alleged in this cause and the Defendant may go hence without payment of costs.
Date
City of
County, Texas
138
CITY OF _________________
__________COUNTY, TEXAS
ORDER
This Court finds that __________________________, Defendant in the above styled case, has complied with the conditions of the
bond posted to secure the Defendants appearance in this cause. It is hereby Ordered that the cash bond posted in the above styled
case be refunded to any person in the name of whom a receipt was issued, in the amount reflected on the face of the receipt, including
the Defendant if a receipt was issued to the Defendant, or to the Defendant, if no other person is able to produce a receipt for the
funds.
City of
Date
,
County, Texas
139
CITY OF _________________
__________COUNTY, TEXAS
ORDER OF DISMISSAL
On this the ______ day of _____________________________, 20____, the Defendant appeared in the above numbered and styled
cause and presented evidence of remedying a defect. Therefore, the above numbered and styled cause is dismissed on the Defendants
motion for the reason:
Defendant presented evidence of remedied expired drivers license within 20 working days or before the Defendants first court appearance,
whichever is later. (Sec. 521.026, T.C.)
It is also ordered that the Defendant pay a $_____ fee (up to $20).
Defendant presented evidence of a registration insignia issued to the motor vehicle that was attached to the vehicle establishing that the vehicle
was registered for the period during which the offense was committed, and the Defendant paid a $_____ fee (up to $10). (Sec. 502.473, T.C.)
Defendant presented evidence of remedied registration insignia that is for the correct vehicle, issued by the correct department, and is in effect
for the current period, before the Defendants first court appearance, and the Defendant paid a $_____ fee (up to $10). (Sec. 502.475, T.C.)
Defendant presented evidence of remedied license plates (by properly displaying the required plates on the vehicle) before the Defendants
first court appearance, and the Defendant paid a $_____ fee (up to $10). (Sec. 504.943, T.C.)
Defendant presented evidence of remedied license plates that are for the current period and not obscured or impaired in readability before the
Defendants first court appearance, and the Defendant paid a $_____ fee (up to $10). (Sec. 504.945, T.C.)
Defendant presented evidence of remedied defective equipment before the Defendants first court appearance, the offense did not involve a
commercial motor vehicle, and the Defendant paid a $_____ fee (up to $10). (Sec. 547.004, T.C.)
Defendant presented evidence of remedied expired disabled parking placard within 20 working days or before the Defendants first court
appearance, whichever is later. The disabled parking placard was not expired for more than 60 days, and the Defendant paid $_____fee (up to
$20). (Sec. 681.013, T.C.)
Defendant presented evidence of remedied expired disabled parking placard within 20 working days or before the Defendants first court
appearance, whichever is later, and the disabled parking placard was expired for more than 60 days. (Sec. 681.013, T.C.)
Defendant presented evidence of a drivers license issued to the defendant, appropriate for the type of vehicle operated, that was valid at the
time of the offense. (Sec. 521.025, T.C.)
It is also ordered that the Defendant pay a $_____ fee (up to $10).
Defendant presented satisfactory evidence to the Court of valid proof of financial responsibility under Section 601.053, T.C., that was valid
and in effect at the time of the offense. (Sec. 601.193, T.C.)
____________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of ______________________________________,
________________________________ County, Texas
Editors Note: With the few exceptions referenced in this form and under the provisions detailed in the Deferred Proceedings, local trial courts generally do
not have the authority to unilaterally dismiss charges without a prosecutors motion.
140
JUDGMENT: DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR GUILTY
(Sec. 106.041, A.B.C.)
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person and entered a plea of (guilty) (no contest) (not guilty) and (waived)(did not waive) a jury trial; and the (Court)(jury), having
heard the evidence and arguments, finds the Defendant guilty of the offense of Driving or Operating Watercraft Under the Influence
of Alcohol by a Minor, Section 106.041, Alcoholic Beverage Code.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas, for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $_____________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by __________________________________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
It is further Ordered that the Defendant present to the Court evidence of completion of an alcohol awareness course no later
than ________________, 20___. (Enter a date that is within 90 days of the date of final conviction. Sec. 106.115(c), A.B.C.)
The Court further finds that the Defendant is younger than 18 years of age and that ____________________________ is the
(parent)(guardian) of the Defendant. (Optional) It is therefore Ordered that ___________________________ attend the
above-mentioned alcohol awareness course with the Defendant and present to the Court evidence of completion of the course no
later than ______________________, 20___.
The Defendant is further Ordered to return to this Court no later than ______________, 20___ with evidence that the
Defendant has completed ______ hours of alcohol-related community service at ________________.
If the Defendant fails to comply with the orders of this judgment issued, the Court shall order the Department of Public Safety to
suspend or deny issuance of any drivers license or permit issued to the Defendant. Furthermore, the Defendant shall be committed
to the non-secure custody of the Chief of Police of the City of ___________, Texas; and it is further Ordered and Adjudged by the
Court that execution may issue against the property of the said Defendant for the amount of such fine and costs.
__________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of ___________________________________________
_____________________________________ County, Texas
The Court finds that the Defendant completed the alcohol awareness program within 90 days as ordered by this Court. It is
therefore Ordered that the fine ordered to be paid on ______________________, 20____ is reduced to $_______________,
which is not less than half of the initial fine assessed.
__________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of ____________________________________________
_____________________________________ County, Texas
Editors Note: If the Defendant is 17 or older, attach a Judgment/Jail Credit Addendum. If the Defendant is younger than 17, the judge may
attach a Community Service or Tutoring Addendum in lieu of payment of the fine and costs, and impose any of the orders contained in the
Optional Orders Applicable to Juveniles under Article 45.057, C.C.P.
141
ORDER
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person, entered a plea of (guilty)(no contest)(not guilty), and (waived)(did not waive) a jury trial; and the (Court)(jury), having heard
the evidence and arguments, finds the Defendant guilty of the offense of _______________________________________________.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $________________, plus any and all costs required to be paid.
It is further Ordered that the Defendant pay all costs; however, the execution of this sentence (fine) is suspended and the
Defendant is Ordered to present to this Court evidence of completion of a tobacco awareness program approved by the
Commissioner of Health no later than __________________________, 20___. (completion date)
The Court further finds that ___________________________________ is the (parent)(guardian) of the Defendant. (Optional)
It is therefore Ordered that ______________________________ attend the above-mentioned tobacco awareness program with
the Defendant and present to the Court evidence of completion of the program no later than ______________________, 20___.
(enter same completion date as for Defendant.)
The Court finds that access to an approved tobacco awareness program is not readily available. It is therefore Ordered that the
Defendant pay the court costs; however, execution of this sentence is suspended and the Defendant is Ordered to return to
this Court no later than ______________, 20___ with evidence that the Defendant has completed __________ hours of tobaccorelated community service at _________________________________.
The Defendant completed the (tobacco awareness program) (tobacco-related community service), is immediately discharged
from all further liability for the above offense, and the Defendant may go hence without payment of the fine.
The Defendant failed to complete (a tobacco awareness program) (tobacco-related community service) as ordered by this Court.
It is therefore Ordered and Adjudged by the Court that the Defendant pay the fine:
immediately.
by __________________________________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
(Case filed as a subsequent offense) The Defendant completed the (tobacco awareness program) (tobacco-related community
service) as ordered by this Court. It is therefore Ordered and Adjudged by the Court the Defendant pay (the fine initially
assessed) (the amount of $____________________, which is not less than one-half of the fine assessed):
immediately.
by ____________________________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
If the Defendant fails to comply with the orders of this judgment, the Court shall order the Department of Public Safety to
suspend or deny issuance of any drivers license or permit issued to the Defendant. Furthermore, the Defendant shall be committed
to the non-secure custody of the Chief of Police of the City of ______________________, Texas; and it is further Ordered and
Adjudged by the Court that execution may issue against the property of the said Defendant for the amount of such fine and costs.
_____________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of________________________________________
_________________________________ County, Texas
Editors Note: If the Defendant is 17 or older, attach a Judgment/Jail Credit Addendum. If the Defendant is younger than 17, the judge may
attach a Community Service or Tutoring Addendum in lieu of payment of the fine and costs, and impose any of the orders contained in the
Optional Orders Applicable to Juveniles under Article 45.057, C.C.P.
JUDGMENTS & ORDERS 08/11
142
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person, entered a plea of (guilty)(no contest)(not guilty), and (waived)(did not waive) a jury trial; and the (Court)(jury), having heard
the evidence and arguments, finds the Defendant guilty of the offense of __________________________________________.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas, for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by __________________________________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
It is further Ordered that the Defendant present to the Court evidence of completion of an alcohol awareness program no
later than ___________, 20___. (Enter a date that is within 90 days of the date of final conviction. Sec. 106.115(c), A.B.C.)
The Court further finds that the Defendant is younger than 18 years of age and that ____________________________ is the
(parent)(guardian) of the Defendant. (Optional) It is therefore Ordered that ___________________________ attend the
above-mentioned alcohol awareness course with the Defendant and present to the Court evidence of completion of the course no
later than ______________________, 20___.
The Defendant is further Ordered to return to this Court no later than __________________, 20___ with evidence that the
Defendant has completed ______ hours of community service at
.
The Department of Public Safety is hereby Ordered to: (select one)
suspend the Defendants drivers license for ________ days effective the 11th day after the date of this judgment.
deny the issuance of a drivers license or permit to the Defendant for ________ days effective the 11th day after the date of this
judgment.
If the Defendant fails to comply with the orders of this judgment, the Defendant shall be committed to the non-secure custody of
the Chief of Police of the City of ___________, Texas; and it is further Ordered and Adjudged by the Court that execution may
issue against the property of the said Defendant for the amount of such fine and costs.
___________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _____________________________________________
______________________________________ County, Texas
The Court finds that the Defendant completed the alcohol awareness program within 90 days as ordered by this Court. It is
therefore Ordered that the fine ordered to be paid on ______________________, 20____ is reduced to $_______________,
which is not less than half of the initial fine assessed.
___________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _____________________________________________
______________________________________ County, Texas
Editors Note: If the Defendant is 17 or older, attach a Judgment/Jail Credit Addendum. If the Defendant is younger than 17, the judge may
attach a Community Service or Tutoring Addendum in lieu of payment of the fine and costs, any impose any of the orders contained in the
Optional Orders Applicable to Juveniles under Article 45.057, C.C.P.
JUDGMENTS & ORDERS 08/11
143
JUDGMENT: ELECTRONIC TRANSMISSION OF CERTAIN VISUAL MATERIAL DEPICTING MINOR BY 17 YEAR OLD
DEFENDANT - GUILTY (Art. 45.061, C.C.P.)
CITY OF _________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, the Defendant in the above numbered and entitled cause appeared in
person, (with a parent or guardian) (presence of parent or guardian waived after diligence used to obtain presence), and entered a plea
of (guilty)(no contest)(not guilty) and (waived)(did not waive) a jury trial; and the (Court)(jury), having heard the evidence and
arguments, finds the Defendant guilty of the offense of _____________________________________________________________.
The Defendant being found guilty and assessed a fine of $_________, it is therefore Ordered and Adjudged by the Court that
the State of Texas, for the use and benefit of the City of __________________________, Texas, does have and recover from the
Defendant the fine in the amount of $________________, plus any and all costs required to be paid.
The Defendant is hereby Ordered to pay the fine and costs:
immediately.
by __________________________________________________________________________________________.
at designated intervals. See the attached payment order incorporated as part of this judgment.
It is further Ordered that the Defendant attend and successfully complete an educational program described by Section
37.218, Education Code, or an equivalent educational program, designed to address the dangers of students sharing visual
material depicting minors engaged in sexual conduct.
The above ordered program shall be completed by _______________________, 20 _____.
The Court further finds that ____________________________ is the (parent)(guardian) of the Defendant. (Optional) It is
therefore Ordered that ___________________________ attend the above-mentioned alcohol awareness course with the
Defendant and present to the Court evidence of completion of the course no later than ______________________, 20___.
It is further Ordered and Adjudged that if the Defendant fails to comply with the orders of this judgment, the Defendant shall
be committed to the custody of the Chief of Police of the City of _____________________________, Texas, until said fine and costs
are fully paid. In the event the Defendant defaults in the discharge of this judgment, pursuant to Article 45.048(b), Code of Criminal
Procedure, the Court specifies that the Defendant remain in jail a sufficient length of time to satisfy the fine and costs at the following
rate:
_____ hours (not less than 8 or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the Defendant for the
amount of such fine and costs.
___________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of _____________________________________________
______________________________________ County, Texas
144
CITY OF _________________
__________COUNTY, TEXAS
ORDER
On this date appeared _________________________, Defendant in the above-styled and number cause, who, having being found guilty of an
offense under Section 25.094, Education Code, this Court having jurisdiction ORDERS the following provisions as indicated:
The Defendant:
attend school without unexcused absences;
attend a preparatory class for the high school equivalency exam due to the Courts determination that the Defendant is too old to do
well in a formal classroom environment; or
take the high school equivalency examination administered under Section 7.111, Education Code (applicable only if the Defendant is
at least 16 years of age).
The Defendant attend a special program the Court has determined to be in best interest of the individual, including:
alcohol program;
drug abuse program;
rehabilitation program;
counseling, including self-improvement counseling;
training in self-esteem and leadership;
work and job skills training;
training in parenting, including parental responsibility;
training in manners;
training in violence avoidance;
sensitivity training; and
training in advocacy and mentoring.
The Defendant complete reasonable community service requirements: __________________________________________________.
The Defendant participate in a tutorial program provided by the school, in academic subjects for which child is enrolled for ______
hours.
The Department of Public Safety (DPS):
suspend the drivers license or permit of the Defendant for a period of ______ days (not to exceed 365);
deny the issuance of a drivers license or permit to the Defendant for a period of ______ days (not to exceed 365).
The Defendant and the Defendants parents, managing conservator, or guardian attend a class for students at risk of dropping out. This
order applies specifically to the following individuals: _______________________________________________________________.
Fees or court costs imposed in this case are waived as this Court finds payment would cause financial hardship.
Fees or court costs imposed in this case are reduced to $______________ as this Court finds payment would cause financial hardship.
This dispositional order shall be in effect for _____ days (not to exceed 180 days or until the end of the school year, whichever is longer).
Signed and entered this date: ___________________________
___________________________
Judge, Municipal Court
City of _______________________
the Defendant has successfully complied with the conditions imposed on the individual in this order
the Defendant has presented to this Court proof that the Defendant has obtained a high school diploma or high school equivalency
certificate.
It is hereby ORDERED that the complaint against the Defendant alleging that the Defendant committed an offense under Section 25.094,
Education Code is hereby dismissed.
_________________________________________
Judge, Municipal Court
Date:_____________________________________
JUDGMENTS & ORDERS 08/11
145
CITY OF _________________
__________COUNTY, TEXAS
ORDER
On the ______ of ________________, 20___, Defendant failed to present to this Court evidence of:
as ordered in the judgment of the above noted Cause Number. It is therefore Ordered that the Department of Public Safety
shall (suspend) (deny issuance of) the Defendants drivers license for ________________________days. The suspension is
ordered to begin on ______________________________, 20___, and end on ______________________________, 20___.
________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of __________________________________________
____________________________________County, Texas
146
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
On this date appeared _________________________, Defendant in the above-styled and number cause, a child, who, having
being found guilty of a fine-only offense, this Court having jurisdiction ORDERS the following provisions as indicated:
The Defendant shall no later than ___________________, 20____:
Attend a rehabilitation program;
Attend counseling;
Attend self-esteem and leadership class;
Attend work and job skills training;
Attend job interviewing and work preparation training;
Attend self-improvement training;
Attend parenting class;
Attend manners training;
Attend violence avoidance training;
Get tutoring;
Attend parental responsibility training;
Attend sensitivity training;
Perform community service at _______________________ for _____ hours;
Participate in an advocacy or mentoring program;
Other: _________________________________________________________________.
The above ordered program(s) shall be completed by _______________________, 20 _____.
The Court further finds that the Defendant is at risk and orders the parent to attend:
Crisis family intervention;
Emergency short-term residential care for children 10 years of age or older;
Family counseling;
Parenting skills training;
Youth coping skills training;
Advocacy training;
Mentoring;
A parenting class or parental responsibility program;
The above ordered program(s) shall be completed by _______________________, 20 _____.
The person required to attend this program submit proof of attendance to the Court.
The parent, managing conservator, or guardian of the child shall pay an amount not greater than $100 for the costs of the
program.
The parents, managing conservators, or guardians refrain from conduct that may encourage the child to violate a Court order.
The parents, managing conservators, or guardians attend the childs school classes or functions.
The Defendant is hereby Ordered to pay restitution in the amount of $ ___________________________________ to the
victim in this case. Said restitution to be paid by ________________________________________________.
The child or the childs parents, managing conservators, or guardians are referred for services under Section 264.302, Family
Code. This order applies specifically to the following individuals: _______________________________________________.
Dated: ___________________
___________________________
Judge, Municipal Court
(municipal court seal)
City of _____________________
_______________ County, Texas
147
CITY OF _________________
__________COUNTY, TEXAS
ORDER
On the ______ of _________________, 20___, Defendant was convicted of the offense of ___________________________
and was assessed a fine and costs totaling $______________________________ as ordered in the judgment of the above styled and
numbered cause.
The Court finds that the Defendant is younger than 17 years of age and was assessed a fine and costs for a Class C misdemeanor.
Pursuant to Article 45.0492, Code of Criminal Procedure, it is hereby
ORDERED, ADJUDGED, AND DECREED that the Defendant discharge (all of the fine and costs owed) (part of the fine and
costs owed) by performing community service as follows:
1. The Defendant shall work a total of __________ hours;
2. The Defendant's work shall be completed no later than ________________, 20___;
3. The Defendant shall perform the community service work for a (government agency) (non-profit organization) that provides
services to the general public that enhances the social welfare and general well-being of the community;
and the Court having further found that the working of more than 16 hours of community service per week (will)(will not) work a
hardship on the Defendant, it is further
ORDERED, ADJUDGED, AND DECREED that the Defendant shall work no more than _____ hours per week in performing
the above-ordered community service. A defendant is considered to have discharged $______ of fines or costs for each eight hours of
community service. A defendant may discharge this obligation to perform community service by paying at any time the fine and costs
assessed.
Dated: ___________________
______________________________
Judge, Municipal Court
City of ________________________
__________________ County, Texas
Editors Note: The judge may not order more than 200 hours of community service (Art. 45.0492(c), C.C.P.)
148
CITY OF _________________
__________COUNTY, TEXAS
ORDER
On the ______ of _________________, 20___, Defendant was convicted of the offense of ___________________________
and was assessed a fine and costs totaling $______________________________ as ordered in the judgment of the above styled and
numbered cause.
The Court finds that the Defendant is younger than 17 years of age and was assessed a fine and costs for a Class C misdemeanor
occurring in a building or on the grounds of the primary or secondary school at which the defendant was enrolled at the time of the
offense. Pursuant to Article 45.0492, Code of Criminal Procedure, it is hereby
ORDERED, ADJUDGED, AND DECREED that the Defendant discharge (all of the fine and costs owed) (part of the fine and
costs owed) by (performing community service) (attending a tutoring program that is satisfactory to the Court) as follows:
1. The Defendant shall work or attend tutoring a total of __________ hours;
2. The Defendant's work shall be completed no later than ________________, 20___;
3. The Defendant shall perform the community service work for a (government agency) (non-profit organization) that provides
services to the general public that enhances the social welfare and general well-being of the community;
and the Court having further found that the working of more than 16 hours of community service or attending of more than 16 hours of
tutoring per week (will)(will not) work a hardship on the Defendant, it is further
ORDERED, ADJUDGED, AND DECREED that the Defendant shall work community service or attend tutoring no more than
_____ hours per week in performing the above-ordered community service. A defendant is considered to have discharged $______ of
fines or costs for each eight hours of community service. A defendant may discharge this obligation to perform community service or
attend a tutoring program by paying at any time the fine and costs assessed.
Dated: ___________________
______________________________
Judge, Municipal Court
City of ________________________
__________________ County, Texas
Editors Note: The Court may require the Defendant to discharge a fine and costs at not less than a minimum of $50 for every eight
hours of community service performed or tutoring attended. Art. 45.0492(g), C.C.P.
149
CITY OF _________________
__________COUNTY, TEXAS
On the ______ of _________________, 20___, Defendant was convicted of the offense of ______________________ and
was assessed a fine and costs in the amount of $______________________________ as ordered in the judgment of the above
noted Cause Number. In the event the Defendant fails to pay the fine and costs as ordered, it is therefore Ordered and
Adjudged that the Defendant shall be committed to the custody of the Chief of Police of the City of _______________, Texas
until said fine and costs are fully paid. Pursuant to Article 45.048(b), Code of Criminal Procedure, the Court specifies that the
Defendant remain in jail a sufficient length of time to satisfy the fine and costs at the following rate:
_____ hours (not less than eight or more than 24) to earn
_____ (minimum dollar amount $50) to satisfy the fine and costs.
It is further Ordered and Adjudged by the Court that execution may issue against the property of the said Defendant for
the amount of such fine and costs.
This Order shall be attached and incorporated as part of the original judgment.
________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of __________________________________________
_____________________________________County, Texas
150
ORDER FOR IMPOUNDMENT OF IN-STATE MOTOR VEHICLE (Secs. 601.191 and 601.261, T.C.)
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
The named Defendant has been found guilty of operating a motor vehicle in violation of Section 601.191,
Transportation Code;
The conviction in this cause is a second or subsequent conviction;
The Defendant was the owner of the vehicle at the time of the offense; and
The Defendant is an owner on the date of the second or subsequent conviction.
Date
City of _________________________________________
____________________________________County, Texas
151
ORDER OF RELEASE FOR IMPOUNDED MOTOR VEHICLE (Secs. 601.191, 601.261, and 601.267, T.C.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
2.
3.
4.
The named Defendant was convicted for a second or subsequent violation of Section 601.191, Transportation
Code (Failure to Maintain Financial Responsibility); and the Court ordered the Defendants motor vehicle be
impounded pursuant to Section 601.261, Transportation Code;
The Defendant has applied to the Court for release of the motor vehicle;
The Defendant has provided evidence of financial responsibility to the Courts satisfaction, that covers the
two-year period immediately following the date the Defendant applied for release of the impounded vehicle;
And the Court, by order, shall permit the Defendant to provide evidence of insurability in increments of a
period of not less than six months;
IT IS ORDERED that the below-described motor vehicle be released from impoundment upon payment of the fee
for the impoundment by the Defendant or a person authorized by the owner.
Make: ______________________ Model: __________________ Color: ____________ Year: ____________
License Number: ______________ State: ____________________ VIN: _____________________________
Vehicle Operator: __________________________________________________________________________
Vehicle Owner: ____________________________________________________________________________
Address of Owner: _________________________________________________________________________
Ordered, signed, and delivered on _____ day of ____, 20___.
________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of __________________________________________
____________________________________ County, Texas
152
APPEALS
APPEALS
Table of Contents
Cash Appeal Bond ....................................................................... 153
Personal Appeal Bond ................................................................. 154
Surety Appeal Bond ..................................................................... 155
Certified Transcript of Proceedings (Court of Non-Record) ....... 157
Checklist for Record on Appeal (Court of Record) ..................... 158
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
Whereas, on the _____ day of _______________, 20___, in the above styled and numbered cause, a judgment was rendered
and entered against the said Defendant, __________________________________, convicting (him)(her) of the fine-only
misdemeanor offense of __________________________________________________________________________________
_________________________________________________________________________________________________________
upon complaint filed in said Municipal Court, that the State of Texas does have and recover from the said Defendant the sum of
__________________________ dollars ($__________) in fine and all costs of said prosecution from which judgment the
Defendant has appealed to the County Court of ______________________________ County, Texas.
I am hereby depositing with the Municipal Court the sum of __________________________ dollars $_________ in cash in
lieu of sureties, of which sum I am held and bound to the State of Texas to insure my personal appearance before the County Court
of ____________________, County, Texas at the Courthouse of said county instanter as well as before any court to which the
same may be transferred and for any and all subsequent proceedings that may be had relative to the said charge in the course of
criminal actions based on said charge, and there to remain from day to day and term to term of said courts, until discharged by due
course of law, then and there to answer said accusation against me, until this obligation shall become void, otherwise to remain in
full force and effect.
Now, if the conditions stated above are violated, the sum of the bond shall be forfeited unto the State of Texas for the benefit
of ______________________________ County, Texas, and, in addition, I will pay all necessary and reasonable expenses and fees
that are incurred by any peace officer in re-arresting me. However, if I fulfill all the terms of this bond, this obligation shall
become void and the amount deposited herein shall be refunded to me, otherwise to remain in full force and effect.
___________________________
Date
___________________________
Telephone
________________________________
Defense Attorney (if any)
_______________________________________
Defendant's Signature
_______________________________________
Address
_______________________________________
The sum of ________________________ dollars ($__________) was deposited with the Court by (cash)(money order)(cashier's
check) and bond filed on the _____ day of _______________, 20___.
Not approved; bond presented on ___________, 20___,
is past time allowed by statute. (Art. 45.0426(b), C.C.P.)
is incorrect amount.
Approved on this ___ day of _______________, 20___.
______________________________________________
Judge, Municipal Court
City of__________________________________________
APPEALS 08/11
153
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
Whereas, on the _____ day of _______________, 20___, in the above styled and numbered cause, a judgment was rendered and
entered against me, the Defendant, convicting me of the offense of ________________________________ upon complaint filed in said
Municipal Court, that the State of Texas does have and recover from me the sum of ________________________ dollars
($__________) in fine and all costs of said prosecution, from which judgment I have appealed to the County Court of
______________________________ County, Texas.
Now, therefore, I am held and firmly bound unto the State of Texas by and through the City of ______________________ in the
penal sum of _________________________ dollars ($__________) for the payment of said sum, well and truly to be made, and in
addition all necessary and reasonable fees and expenses that may be incurred by peace officers in re-arresting me in the event the
conditions of this bond are violated, I do bind myself, my heirs, executors, and administrators, jointly and severally.
I swear that I will appear before the County Court of _________________________ County, Texas, instanter or upon notice by
the Court, or pay to the Court the principal sum of $__________, plus all necessary and reasonable expenses incurred in any arrest for
failure to appear.
Now, if I shall well and truly make said appearance before the said Court as well as before any court to which the same may be
transferred, and there remain from day to day and term to term of said Court, until discharged by due course of law, then and there to
answer said accusation against me, and further shall well and truly make my personal appearance in any and all subsequent
proceedings that may be had relative to said charge in the course of the criminal action based on said charge, this obligation shall
become void, otherwise to remain in full force and effect.
Address: _________________________________________
Telephone: _______________________________________
Place of Employment: ____________________________
Telephone:_____________________________________
Drivers License Number: ________________ State:____
Date of Birth: _____________________________________
Place of Birth: __________________________________
Height: ______ Weight: ____________________________
Color Hair: _____ Eyes: ____________________________
_________________________________________
Defendants Signature
Sworn to and subscribed before me, this _____ day of _______________ , 20___.
______________________________________________
Judge, Municipal Court
City of__________________________________________
APPEALS 08/11
154
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Whereas, on the _____ day of _______________, 20___, in the above styled and numbered cause, a judgment was rendered and
entered against the Defendant, ________________________________________, convicting (him)(her) of the misdemeanor offense
of ________________________________________ upon complaint filed in said Municipal Court, that the State of Texas does have
and recover of the said Defendant the sum of ________________________ dollars ($__________) in fine and all costs of said
prosecution, from which judgment the Defendant has appealed to the County Court of ______________________________ County,
Texas.
Now, therefore, we, the said ___________________________________ as Principal, and ______________________________
as Surety (Sureties), are held and firmly bound unto the State of Texas in the penal sum of _________________________ dollars
($__________).
And in addition thereto, we are bound for the payment of all fees and expenses that may be incurred by peace officers in rearresting Principal in the event the conditions of this bond are violated. For the payment of which sum, or sums, well and truly to be
made, we do bind ourselves, our heirs, executors, and administrators, jointly and severally by these presents.
Conditioned that the above Principal shall well and truly make (his)(her) appearance before the County Court of
______________________________ County, Texas instanter as well as before any court to which the same may be transferred and
for any and all subsequent proceedings that may be had relative to said charge in the course of criminal actions based on said charge,
and there to remain from day to day and term to term of said courts, until discharged by due course of law, then and there to answer
said accusation against (him)(her), until this obligation shall become void, otherwise to remain in full force and effect.
Witness our hands this the _____ day of _______________, 20___.
______________________________
________________________________________________________
Principal
Mailing Address
________________________________________________________
Telephone Number
______________________________
________________________________________________________
Surety
Mailing Address
________________________________________________________
Telephone Number
APPEALS 08/11
155
We, the undersigned, do swear that we are worth, in our own right, at least the sum set opposite our respective names after
deducting from our property all that which is exempt by the Constitution and laws of the State from forced sale and after the payment
of all our debts of every description, whether individual or security debts, and after satisfying all encumbrances upon our property,
which are known to us; that we reside in the County of ______________________________, and have property in this State, liable to
execution, worth the said sum or more:
The said _________________________________ the sum of _______________________ dollars or more
The said _________________________________ the sum of _______________________ dollars or more
The said _________________________________ the sum of _______________________ dollars or more
The said _________________________________ the sum of _______________________ dollars or more
The said _________________________________ the sum of _______________________ dollars or more
The said _________________________________ the sum of _______________________ dollars or more
Signatures of Sureties:
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
______________________________________
(Judge) (Clerk) (Sheriff)
Not approved; bond presented on ___________, 20___,
is past time allowed by statute. (Art. 45.0426(b), C.C.P.)
is incorrect amount.
Approved on this ___ day of _______________, 20___.
______________________________________________
Judge, Municipal Court
City of__________________________________________
APPEALS 08/11
156
VS.
CITY OF __________________
___________COUNTY, TEXAS
_____________________
On the _____ day of _______________, 20___, the Defendant, ______________________________, in the above styled and
numbered criminal case was (tried before Judge _________________________) (was tried before a jury) (entered a plea of guilty)
(entered a plea of nolo contendere), and was convicted of the misdemeanor offense of _____________________________________ ,
and adjudged to pay a fine of _________________________ dollars ($__________) and all costs of prosecution, from which
judgment said Defendant has appealed to the County Court of ______________________________ County, Texas.
The following are the proceedings had in said criminal case, to wit:
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
_____
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
CERTIFICATE
THE STATE OF TEXAS
COUNTY OF ___________________
APPEALS 08/11
157
CHECKLIST FOR RECORD ON APPEAL (COURT OF RECORD) (See generally Arts. 33.07 and 44.18, C.C.P.)
RECORD OF APPEAL
1.
Upon written request of either party, the clerk shall prepare a certified record that includes copies of:
the complaint;
material docket entries made by the Court;
the jury charge and the verdict in a jury trial;
the judgment;
the motion for a new trial;
the notice of appeal;
written motions and pleas;
written orders of the Court; and
any bills of exception filed with the Court.
2.
APPEALS 08/11
158
INDIGENCE,
COMMUNITY
SERVICE, JAIL
CREDIT &
PAYMENT
PLANS
INDIGENCE, COMMUNITY
SERVICE, JAIL CREDIT &
PAYMENT PLANS
Table of Contents
Admonishment as to Financial Changes...................................... 159
Application for Time Payment, Extension, or
Community Service ................................................................. 160
Installment Agreement Order ...................................................... 164
Schedule of Payments for Installment Agreement ...................... 165
Community Service Order ........................................................... 166
Community Service Time Sheet .................................................. 167
Waiver of Payment of Fine and Costs for Indigent
Defendants ............................................................................... 168
Incarcerated Jail Credit Response Letter ..................................... 169
Defendants Motion to Lay Out Fine in Jail ................................ 170
STATE OF TEXAS
VS.
__________________
CITY OF __________________
__________COUNTY, TEXAS
ALL DEFENDANTS unable to pay the ENTIRE FINE AND COURT COSTS WHEN SENTENCED are
REQUIRED to CAREFULLY READ and ACKNOWLEDGE the following:
TODOS los DEFENDIENTES sin capacidad de pagar LA MULTA COMPLETA Y LOS COSTOS de CORTE despues de la
sentencia, NECESITARAN LEER completamente y RECONOCER lo siguente:
I, the undersigned, acknowledge that until my fines and courts costs are paid in full, I agree to notify the
Court of any changes in my personal financial situation that will likely interfere with my ability to pay
the fine and court costs in the manner ordered by the Judge.
Yo, el infrascrito, reconozco que hasta que mis multas y el costo de corte son completamente pagados yo estoy de
acuerdo en notificar a este juzgado de cualquier cambio en mi situacion financiera o personal que interfiera con mi
capacidad de pagar la multa y costos de corte en la manera ordenada por el Juez.
It is my responsibility to keep the Court informed of my ability to pay the fine and court costs. It is my
responsibility to keep the Court informed in the event of financial hardship.
Es mi responsabilidad de informar a este juzgado de mi capacidad de pagar la multa y los costos de la corte. Es mi
responsabilidad de informar a este juzgado en caso de dificultades economicas.
Depending on the situation, I understand that the Judge may be able to offer me other ways to pay or
earn credit towards my fine and court costs. For the Judge to consider such circumstances, and to
avoid the possibility of being arrested, I am required to provide timely and sufficient proof to the Court.
Dependiendo en la situacion, yo comprendo que el juez podra ofrecerme otras maneras de recivir or ganar credito hacia
la multa y los costos de corte. Para que el juez considere la circumstancia, y para evitar la posibilidad de ser detenido, yo
necesito proveer suficientes y oportunas pruebas a este juzgado.
_____________________________________________
Defendants Signature/Signatura de Defendiente
_____________________________________________
Signature by Witness
(Court Clerk, Court Administrator, or Other Court Staff)
159
CAUSE NUMBER(S):
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
__________COUNTY, TEXAS
____ The Court has advised me that I am responsible for satisfying the judgment and sentence:
in the amount of $_____________ in Cause Number _____________;
in the amount of $_____________ in Cause Number _____________;
in the amount of $_____________ in Cause Number _____________; and
in the amount of $_____________ in Cause Number _____________.
____ I assert that I am unable to pay the fine and costs immediately and that the following information is documentation
that I have insufficient resources or income to pay today.
____ I request that the Court extend the payment to a later date.
____ I request that the Court grant a time payment plan.
____ I request that I be able to discharge the fine and costs by performing community service, because I have no resources to
pay and I am unable to pay the fine and costs.
____ I have been determined to be indigent by the federal government and I am receiving or I am eligible to receive assistance
under a federal program. Name of program: ____________________________________________.
APPLICATION FOR TIME PAYMENT, EXTENSION, OR COMMUNITY SERVICE
Name: _______________________________________________ Telephone Number: __________________________________
Address: ________________________________________________________________________________________________
Employer: ____________________________________________ Job Title: __________________________________________
Employer's Address: _______________________________________________________________________________________
Salary: $____________ per ____________ Employer's Telephone Number: _________________________________________
Marital Status (Check One): Married
Single
Divorced
Widowed
Rented
Owned
Rent-Free
LIST ALL BANK ACCOUNTS IN YOUR NAME OR FROM WHICH YOU MAY WITHDRAW FUNDS:
Name of Institution
Address of Institution
Type of Account
Account Balance
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
INDIGENCE, COMMUNITY SERVICE, JAIL CREDIT & PAYMENT PLANS 08/11
160
ESTIMATE YOUR AVERAGE CURRENT MONTHLY EXPENSES FOR YOU AND YOUR FAMILY:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
LIST & GIVE THE VALUE FOR ALL PERSONAL PROPERTY OWNED BY YOU OR YOUR SPOUSE:
a.
b.
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
c.
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
d.
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $ __________
161
e.
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
f.
Television, home theater, media, and stereo equipment (use reverse side if necessary):
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $ __________
g.
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $ __________
h.
Automobiles, trucks, trailers, boats, and accessories (use reverse side if necessary):
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $ __________
i. Machinery and tools, lawn and garden equipment (use reverse side if necessary):
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
j.
Office equipment, supplies, furniture, and inventory (use reverse side if necessary):
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
k.
Farming equipment, supplies, livestock, and other animals (use reverse side if necessary):
_______________
$__________
________________ $__________
________________ $__________
_______________
$__________
________________ $__________
________________ $__________
_______________
$__________
________________ $__________
________________ $ __________
l.
Any other property not listed above (use reverse side if necessary):
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
________________ $__________
162
LIST ALL OF YOUR CREDITORS (including credit cards) AND THE AMOUNT YOU OWE EACH
(Use reverse side if necessary):
_________________________ $____________
________________________ $____________
_________________________ $____________
________________________ $____________
_________________________ $____________
________________________ $____________
_________________________ $____________
________________________ $____________
_________________________ $____________
________________________ $____________
_________________________ $____________
________________________ $____________
YOUR INITIAL BY EACH OF THE FOLLOWING STATEMENTS INDICATES THAT YOU HAVE READ THE
STATEMENT, UNDERSTAND IT, AND AGREE TO IT.
____ I promise that until my fines have been paid in full, I will notify this Court in person or by first-class mail of any changes of
my address or telephone number at the following address (court address) ____________________________________within
five (5) days of the change.
____ I understand that until my fines and court costs are paid in full I have a continuing obligation to notify the Court of any
changes in my financial status that may hinder my ability to satisfy the judgment or help me satisfy the judgment.
____ I understand that if I pay any part of the fine, costs, or restitution (if applicable) on or after the 31st day after judgment was
entered that I am responsible for paying a $25 time payment fee (Section 133.103, Local Government Code).
____ I understand that submitting false financial information to the Court constitutes the crime of tampering with a
governmental record, punishable by incarceration and/or the imposition of a fine (Section 37.10, Penal Code). I swear
that all the information in this application is true, correct, and complete to the best of my knowledge and belief.
Date:_______________________________
163
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
ORDER
ON THIS THE _____ day of _______________, 20___, ________________, the Defendant, having been found guilty by the
Court and assessed a fine of $______________ and court costs has agreed to pay the fine and costs at designated intervals. The total
amount owed at this time is $______________. However, if any portion of the fine and costs is paid on or after the date of
__________________________, which is 31 days after the date of judgment, the Defendant shall pay an additional $25 as required
pursuant to Section 133.103, Local Government Code.
IT IS THEREFORE ORDERED that the Defendant make payments as scheduled by this Order. Each payment will be due and
payable as scheduled until the full amount is paid to the court. If further extensions are required, the Defendant is ordered to appear in
person at the Municipal Court on or before the due date of the payment to show cause why a further extension should be granted.
If the Defendant fails to comply, a capias pro fine may be issued for the Defendant's arrest. The capias pro fine will be issued for the
remaining amount of the fine and costs plus a $50 warrant fee.
SCHEDULED PAYMENTS
IT IS HEREBY ORDERED that the Defendant, ______________________________, pay the fine and court costs between the
hours of ___________.m. and _____________.m. on the following dates and in the following amounts until the total fine and costs
are paid:
Due Dates of Payments
Amounts Due
If Defendant is unable to make a payment, Defendant should contact the Court as to why the installment payment is not able to be
paid. Defendant is ORDERED to notify the Court of any change of address.
SIGNED AND RENDERED on this _____ day of _______________, 20___.
(municipal court seal)
______________________________________
Judge, Municipal Court
City of ________________________________
The Defendant acknowledges the receipt of a copy of this Order and that Defendant understands the provisions of this Order and
has the ability to fully comply with this Order. Further, the Defendant understands his/her responsibility to inform the Court of
changes in his/her financial situation that may hinder his/her ability to satisfy either the judgment or any other order of the Court.
The Defendant understands that his/her responsibility terminates only upon satisfaction of the judgment. The Defendant
understands his/her responsibility to notify the Court of any change of address.
Date: _______________________
INDIGENCE, COMMUNITY SERVICE, JAIL CREDIT & PAYMENT PLANS 08/11
______________________________________
Defendant's Signature
TMCEC 2011 FORMS BOOK
164
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Cause Number
Date to be Paid
Further Extensions
_____________________________
Date
____________________________________
Defendant's Acknowledgement by Signature
165
STATE OF TEXAS
VS.
CITY OF __________________
___________COUNTY, TEXAS
_____________________
ORDER
ON THIS DATE appeared _________________________, Defendant in the above styled and numbered cause, who, having been
found guilty by the Court and assessed a fine and costs totaling $________________ in this cause on the _____ day of _____________,
20___, (and the Court having determined that the Defendant has failed to pay such fine and costs) (and the Court having determined
that the Defendant has insufficient resources or income to pay such fine and costs), it is hereby
ORDERED, ADJUDGED, AND DECREED that the Defendant discharge (all of the fine and costs owed) (the remaining fine
and costs owed) by performing community service as follows:
1. The Defendant shall work a total of __________ hours;
2. The Defendant's work shall be completed no later than ________________, 20___;
3. The Defendant shall perform the community service for a (government agency) (non-profit organization) that provides services
to the general public that enhances the social welfare and general well-being of the community;
and the Court having further found that the working of more than 16 hours of community service per week (will)(will not) work a
hardship on the Defendant, it is further
ORDERED, ADJUDGED, AND DECREED that the Defendant shall work no more than _____ hours per week in performing
the above-ordered community service. A defendant is considered to have discharged $______ of fines or costs for each eight hours of
community service. A defendant may discharge this obligation to perform community service by paying at any time the fine and costs
assessed.
Dated: ___________________
______________________________
Judge, Municipal Court
City of ________________________
__________________ County, Texas
Editors Note: The Court may require the Defendant to discharge a fine and costs at not less than a minimum of $50 for every eight
hours of community service performed. Art. 45.049(e), C.C.P.
For community service orders on children under Article 45.0492, C.C.P., see the Judgments & Orders chapter.
166
Time In
Time Out
Total Hours
Subtotal Hours
Supervisor Initials
Defendants Initials
_____________________________________________
Signature of Defendant Performing
Community Service
WARNING: Filing false information with the Court is a Class A misdemeanor punishable by up to one year in jail and a
maximum fine up to $4,000.
167
WAIVER OF PAYMENT OF FINE AND COSTS FOR INDIGENT DEFENDANTS (Art. 45.0491, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
ORDER
On the _____ day of ________________________, 20___, came to be heard Cause Number ___________________ wherein
_____________________________________________, hereinafter called Defendant, was convicted of a misdemeanor offense to
wit:____________________________________________________ on the _____ day of _______________, 20___ and ordered to pay
fine and costs in the amount of $______________________.
The Defendant has defaulted on payment of the fine and costs. After due consideration of the facts and circumstances regarding the
Defendants default in the aforementioned judgment in which the Defendant was ordered to pay a fine and costs of $______, the Court
determines as follows:
1. The Defendant is indigent; and
2. Each alternative method of discharging the fine or costs under Article 45.049, Code of Criminal Procedure, would impose an
undue hardship on the Defendant.
Accordingly, pursuant to Article 45.0491, Code of Criminal Procedure, the Court waives the stated fine and costs for indigent Defendant.
_________________________________________
Judge, Municipal Court
(municipal court seal)
City of ___________________________________
_____________________________County, Texas
Editors Note: During the 78th Legislature, indigent was defined statutorily to mean an individual who earns not more than 125
percent of the income standard established by applicable federal poverty guidelines. Sec. 133.002, L.G.C. Ultimately, however, in
determining whether a defendant is eligible to discharge fine and costs via community service, the Court determines whether the
Defendant has insufficient resources or income to pay the fine or costs. Art. 45.049, C.C.P.
168
Name
Address
City and State
Date
Dear Sir or Madam:
The Court has received your letter requesting jail credit.
According to the Courts records, your request for jail credit is for the following cause number(s):
____________________________________________________________________________________________________.
To consider your request, the Court requires the following:
1.
A plea of either guilty or nolo contendere (no contest) in the cause(s) for which you are seeking jail credit.
2.
3. Because you are accused and/or convicted of a criminal offense punishable only by the imposition of a fine, the Court
construes your letter as a request to lay out your fine. To consider the request, you must complete and return a form
entitled Defendants Motion to Lay Out Fine in Jail.
In response to your request:
AT THIS TIME, YOUR REQUEST CANNOT BE CONSIDERED, for the following reason:
1.
The Court has not received a plea of guilty or nolo contendere (no contest) in the cause(s) for which you are
seeking jail credit. Please submit the enclosed form entitled Plea Form: By Mail or Delivery to the Court. Upon
receipt of the form, your request shall be considered.
2.
3.
The Court has not received a Defendants Motion to Lay Out Fine in Jail. Please submit the enclosed form
entitled Defendants Motion to Lay Out Fine in Jail. Upon receipt of the form, your request shall be considered.
Because you were not incarcerated at the time the Court ordered you to be arrested and/or committed to jail in the above
referenced matter(s), your request for concurrent jail credit is DENIED.
Though incarcerated at the time the Court ordered you to be arrested and/or committed to jail in the above referenced
matter(s), the incarceration is unrelated to the matter(s) before this Court, therefore your request for concurrent jail credit is
DENIED. You must complete your current term of incarceration before beginning to earn any jail credit in the above
referenced matters.
Because of your incarceration at the time the Court ordered you to be arrested and/or committed to jail in the above
referenced matter(s), the Court GRANTS your request for concurrent jail credit. The Courts records shall reflect that the
judgment(s) in the above referenced matter(s) are satisfied in full.
Sincerely,
________________________________
Municipal Judge
City of __________________________
169
VS.
CITY OF __________________
_____________________
__________COUNTY, TEXAS
__________________________________
Defendant's Signature
Telephone number(s):
___________________________________
Motion granted
Motion denied
______________________________
Date
______________________________
Judge, Municipal Court
City of ________________________
.........................................................................................................
COMMITMENT
On this the ___ day of ____________, 20____, the Court considered the foregoing Defendants Motion to Lay Out Fine in Jail. THE COURT
FINDS that the motion was made freely and knowingly and the Court determines that the request should be granted.
It is therefore ORDERED that the Defendant, _______________________________, is committed to the custody of the [(Chief of Police)(City
Marshal) of the City of ____________________] (Sheriff of ____________________ County), Texas until such time as Defendants fine and costs have
been discharged as provided by law and that this Motion and Commitment be kept with the papers of this cause.
Unless otherwise specified in the judgment or sentence in said cause, pursuant to Article 45.048(b), Code of Criminal Procedure, the Court specifies
that the Defendant remain in jail a sufficient length of time to satisfy the fine and costs at the following rate:
_______ hours (not less than 8 or more than 24) to earn
_______ (minimum dollar amount $50) until such time as Defendants fine and costs have been discharged.
It is ORDERED that this Motion and Commitment be kept with the papers of this cause.
ENTERED this _____ day of _______________, 20___.
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________County, Texas
TMCEC 2011 FORMS BOOK
170
ENFORCEMENT
ENFORCEMENT
Table of Contents
Capias Pro Fine
Clerks Affidavit for Capias Pro Fine ....................................................................................... 171
Capias Pro Fine ......................................................................................................................... 172
Order of Commitment (Capias Pro Fine).................................................................................. 173
Contempt
Show Cause Notice: Adult Defendant Contempt ..................................................................... 174
Show Cause Notice: Adult Contempt (Not a Defendant) ......................................................... 175
Show Cause Notice: Juror Contempt ........................................................................................ 176
Show Cause Notice: Peace Officer ........................................................................................... 177
Show Cause Notice: Witness Contempt ................................................................................... 178
Contempt: Adult Plea................................................................................................................ 179
Judgment of Direct Contempt: Adult ........................................................................................ 180
Judgment of Indirect Contempt: Adult ..................................................................................... 181
Judgment of Contempt: Failure to Appear for Jury Service .................................................... 182
Judgment of Contempt: Peace Officer Failure to Serve Process .............................................. 183
Judgment of Contempt: Witness Refusal to Obey Subpoena ................................................... 184
Civil Collection
Abstract of Judgment ................................................................................................................ 185
Writ of Execution...................................................................................................................... 186
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
I, ___________________, being duly sworn, upon oath, state that I have good reason to believe and do believe that on or about the
_____ day of _____________, 20__, _________________________________________, Defendant, defaulted in payment of a fine
and court costs. My belief is based upon the following:
I am the Municipal Court Clerk and custodian of records for the _______________________________ Municipal Court, City
of ____________________, ___________________, County, Texas. On _____________________ _____, 20___, I personally
examined the official records of this Municipal Court. The records indicate that the Defendant in the above styled and numbered
cause was charged with the offense of: ________________________________________________________________________
and was found guilty of the offense on the _____ day of ______________, 20___. The records indicate that the Defendant was
ordered to make (a payment)(certain prescribed payments) on the fine and costs imposed in the above mentioned case on the
following date(s):
.
The official Court record indicates that the Defendant did not appear on the _____ day of _______________, 20__ to make a
payment or to request an extension as ordered by the Court. The official Court record shows that said Defendant owes
________________________________ dollars ($__________) in fine and court costs to satisfy the judgment.
______________________________
Affiant
Sworn to and subscribed before me on _____ day of _______________, 20__.
___________________________________
(Judge) (Clerk) (Deputy Clerk)
City of _____________________________
______________________ County, Texas
ENFORCEMENT 08/11
171
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
TO THE CHIEF OF POLICE OF THE CITY OF ______________ OR ANY PEACE OFFICER OF THE STATE OF
TEXAS GREETINGS:
Whereas on the _____ day of _______________, 20__, before Judge ________________________ of the Municipal Court of the
City of _________________________, Texas, _________________________________, the Defendant, date of birth ___________,
was convicted of the offense of: ___________________________ and a judgment was rendered by said Court in favor of the State,
against said Defendant for the sum of $__________ and all costs of court; and there is due and unpaid the amount of $__________.
The Court hereby finds that said Defendant has defaulted and failed to wholly satisfy the judgment in the above styled case.
You are therefore commanded to bring said Defendant before the Municipal Court of the City of ________________________,
Texas immediately or place him or her in jail until (he)(she) can be brought before the Court without delay until the next business day
following the date of the Defendants arrest if the Defendant cannot be brought before the Court immediately. You are commanded to
notify the Court immediately upon arrest of the Defendant.
In witness whereof, I have hereunto set my hand at my office in the Municipal Court of the City of _______________________,
Texas this _____ day of _______________, 20__.
_______________________________
Judge, Municipal Court
(municipal court seal)
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at __________ o'clock ___.m. and executed on the _____ day of
_______________, 20__, at __________ o'clock ___.m. the same by arresting _______________________________, the named
Defendant.
_______________________________
Arresting Officer
ENFORCEMENT 08/11
172
STATE OF TEXAS
VS.
_____________________
CITY OF __________________
__________COUNTY, TEXAS
Concurrently (at the same time, per judgment until jail credit exceeds or equals the sum total of fine and costs); or
Consecutively (stacked, one sentence of confinement is to follow another until jail credit exceeds or equals the sum total of
fine and costs) with following cause(s): List cause number(s), Court(s), date of judgment(s), offense(s), and fine and costs
total(s)
ENFORCEMENT 08/11
173
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Address: ____________________________________________________________________________________________________
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you failed to abide by the terms of the judgment rendered against you on
the ____________________, 20__. Specifically, you are accused of failing to:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
___________________________________________________________________________________________________________.
Failure to appear on this date and time will result in a finding of contempt being made against you, the Court imposing a fine of
up to $100 and/or a sentence of up to three (3) days in jail, and the issuance of a warrant to enforce the judgment of contempt.
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
174
SHOW CAUSE NOTICE: ADULT CONTEMPT (Not a Defendant) (Sec. 21.002(c), G.C.)
IN THE MATTER OF
______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you failed to abide by an order of the Court imposed on you on
____________________, 20__. Specifically, you are accused of failing to:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
___________________________________________________________________________________________________________.
Failure to appear on this date and time will result in a finding of contempt being made against you, the Court imposing a fine of
up to $100 and/or a sentence of up to three (3) days in jail, and the issuance of a warrant to enforce the judgment of contempt.
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
175
IN THE MATTER OF
_______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you failed to appear for jury service in Cause Number
________________ when summoned by the Municipal Court of the City of ___________________, Texas, which said conduct did
then and there constitute civil contempt of Court.
Failure to appear on this date and time will result in a finding of contempt being made against you, the Court imposing a fine of
up to $100 and/or a sentence of up to three (3) days in jail, and the issuance of a warrant to enforce the judgment of contempt.
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
176
IN THE MATTER OF
_______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you willfully refused or failed from neglect to execute the below
described summons, subpoena, attachment, or other legal process when so ordered by this Court, which said conduct did then and there
constitute civil contempt of Court.
Failure to appear on this date and time will result in a finding of contempt being made against you, the Court imposing a fine of
not less than $10 nor more than $200.
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
177
IN THE MATTER OF
_______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you failed to appear in this Court on _______________________,
20____, to testify in Cause Number _________________ pursuant to a witness subpoena issued to you, which said conduct did then
and there constitute civil contempt of Court.
Failure to appear on this date and time will result in a finding of contempt being made against you, the Court imposing a fine of
up to $100.
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
178
IN THE MATTER OF
_____________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
___________________________________
Date
ENFORCEMENT 08/11
________________________________________
Contemnors Signature
179
IN THE MATTER OF
______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
JUDGMENT OF CONTEMPT
On this the _____ day of __________________________, 20___, the Court has exercised its inherent authority and the
authority granted by Section 21.002, Government Code, (to require the proceedings be conducted with dignity and in an orderly
and expeditious manner)(to compel obedience of Court orders)(to so control the proceedings that justice is done).
The Court finds __________________________________________ in direct contempt of Court for (describe conduct):
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________,
which occurred before this Court. The Court further finds that the above described actions were in contempt of court and that the
conduct presented sufficient exigent circumstances as to merit a summary finding of contempt in that the actions of the contemnor
disrupted proceedings before the court so that they could not be conducted with dignity and in an orderly and expeditious manner.
The Court further finds that imposition of contempt is necessary to control the proceedings so that justice may be done. The Court
further finds that the contemnor is not an officer of the Court.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that ___________________________ is in direct contempt
of court and shall be:
Confined in ___________________ County Jail for a period of _________________ (not to exceed three days).
____________________________________
Judge, Municipal Court
City of_______________________________
________________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
180
IN THE MATTER OF
______________________
CITY OF __________________
__________COUNTY, TEXAS
(Contemnor)
JUDGMENT OF CONTEMPT
On this the ___________ day of ____________________, 20___, the Court has exercised its inherent authority and the
authority granted by Government Code, Section 21.001, to require the proceedings be conducted with dignity and in an orderly and
expeditious manner and to compel obedience of court orders and to so control the proceedings that justice is done.
The Court finds that a notice of contempt was made to _______________________________ on the _____ day of
___________________, 20__, and that _________________________________ (did)(did not) attend a show cause hearing on the
_____ day of __________, 20__, as set forth in the notice. The Court finds that Contemnor did not show good cause why he/she
should not be held in contempt.
The Court finds that Contemnor violated an order of the Court to wit: _______________________________________________.
The Court finds that a finding of contempt is necessary to compel obedience of Court orders.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that _____________________________________________
is in contempt of court and shall be:
Confined in ____________________ County Jail for a period of ___________________ (not to exceed three days).
______________________________________
Judge, Municipal Court
City of ________________________________
__________________________ County, Texas
ENFORCEMENT 08/11
181
JUDGMENT OF CONTEMPT: FAILURE TO APPEAR FOR JURY SERVICE (Art. 45.027(c), C.C.P.)
CAUSE NUMBER: _______________
IN THE MATTER OF
_______________________
(Contemnor)
CITY OF __________________
__________COUNTY, TEXAS
JUDGMENT OF CONTEMPT
The Court exercised its inherent authority and the authority granted by Article 45.027, Code of Criminal Procedure, and ordered a
venire be summoned for jury service, and required the appearance of the said Contemnor to appear as a venire person so that a jury
trial could be conducted.
The Court finds that:
Contemnor failed to appear for jury service, and Contemnor failed to appear after due notice for a show cause hearing on civil
contempt and failed to present sufficient cause for failing to appear for jury service.
Contemnor failed to appear for jury service, and Contemnor appeared for a show cause hearing and failed to present sufficient
cause for failing to appear for jury service.
Contemnor failed to appear for jury service, and Contemnor appeared for a show cause hearing and presented sufficient cause
for failing to appear for jury service.
Therefore,
The Court finds ___________________________ in contempt of court for failing to appear for jury service.
It is therefore ordered, adjudged, and decreed that __________________________ is in contempt of court for failure to
appear for jury service and is fined the sum of ___________________________ (maximum $100) for contempt.
The Court finds ___________________________ showed sufficient cause for failing to appear for jury service. This contempt
charge is thereby dismissed and the above named person is discharged from any civil liability for failing to appear for jury
service.
_______________________________
Judge, Municipal Court
City of _________________________
___________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
182
JUDGMENT OF CONTEMPT: PEACE OFFICER FAILURE TO SERVE PROCESS (Art. 2.16, C.C.P.)
CAUSE NUMBER: _______________
IN THE MATTER OF
_______________________
(Contemnor)
CITY OF __________________
__________COUNTY, TEXAS
JUDGMENT OF CONTEMPT
On the _____ day of ___________________, 20_____, this Court issued legal process to ______________________________, a
peace officer under the laws of Texas to execute the process.
Pursuant to Article 2.16, Code of Criminal Procedure, this Court finds that:
Contemnor willfully refused or failed from neglect to execute the process described as: _______________________________
_____________________________________________________________________________________________________,
and Contemnor failed to appear after due notice for a show cause hearing on civil contempt and failed to present sufficient
cause for (his)(her) failure or refusal to execute the process.
Contemnor willfully refused or failed from neglect to execute the process described as: _______________________________
_____________________________________________________________________________________________________,
and Contemnor appeared for a show cause hearing and failed to present sufficient cause for (his)(her) failure or refusal to
execute the process.
Contemnor failed to execute the process described as: _________________________________________________________
______________________________________, and Contemnor appeared for a show cause hearing and presented sufficient
cause for (his)(her) failure.
Therefore,
The Court finds ___________________________ in contempt of court pursuant to Article 2.16, Code of Criminal Procedure.
It is therefore ordered, adjudged, and decreed that __________________________ is in contempt of court for failure to
execute legal process and is fined the sum of ___________________________ (minimum $10, maximum $200) for contempt.
The Court finds ___________________________ showed sufficient cause for the failure to execute legal process. This
contempt charge is thereby dismissed and the above named person is discharged from any civil liability for this failure.
_______________________________
Judge, Municipal Court
City of _________________________
___________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
183
IN THE MATTER OF
_______________________
(Contemnor)
CITY OF __________________
__________COUNTY, TEXAS
JUDGMENT OF CONTEMPT
On the _____ day of ___________________, 20_____, this Court issued a witness subpoena to the above named contemnor to
appear in this Court on the ______ day of __________________, 20_____, then and there to testify in Cause Number
__________________ and to there remain from day to day, and from term to term, until discharged by this Court.
The Court finds that:
Contemnor refused to obey the witness subpoena, and Contemnor failed to appear after due notice for a show cause hearing on
civil contempt and failed to present sufficient cause for the refusal to obey the subpoena.
Contemnor refused to obey the witness subpoena, and Contemnor appeared for a show cause hearing and failed to present
sufficient cause for the refusal to obey the subpoena.
Contemnor refused to obey the witness subpoena, and Contemnor appeared for a show cause hearing and presented sufficient
cause for the refusal to obey the subpoena.
Therefore,
The Court finds ___________________________ in contempt of court for refusing to obey a witness subpoena.
It is therefore ordered, adjudged, and decreed that __________________________ is in contempt of court for refusing to
obey the witness subpoena and is fined the sum of ___________________________ (maximum $100) for contempt.
The Court finds ___________________________ showed sufficient cause for the refusal to obey a witness subpoena. This
contempt charge is thereby dismissed and the above named person is discharged from any civil liability for the refusal to obey
the witness subpoena.
_______________________________
Judge, Municipal Court
City of _________________________
___________________County, Texas
(municipal court seal)
ENFORCEMENT 08/11
184
ABSTRACT OF JUDGMENT
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
I, _______________________, Municipal Court Clerk for the City of ______________________________, do hereby verify that
on the _____ day of _______________, 20__, in the ______________________________ Municipal Court, ______________County,
Texas, in a cause entitled State of Texas vs. ______________________________, Cause Number __________ on the docket of the
Court, judgment was rendered in favor of the State of Texas, for the use and benefit of the City of __________________________,
against ________________________________________________________________________, the Defendant, who resides at
______________________________________________________________________, whose birth date is ____________________,
whose Social Security Number is ___________________________, and whose driver's license number is
_________________________, in the amount of ________________________________ dollars ($__________), which includes court
costs. The balance due on said judgment is $________________________.
Signed this _____ day of _______________, 20__.
Subscribed, sworn to, and acknowledged before me, the undersigned authority, by ______________________________, Court
Clerk for the City of _________________________________________________ on this _____ day of _______________, 20__.
___________________________________
Notary Public in and for the State of Texas
After recording, return to:
___________________________
___________________________
___________________________
ENFORCEMENT 08/11
185
WRIT OF EXECUTION
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
____________________________________
Municipal Court Clerk
ENFORCEMENT 08/11
186
JUVENILES
JUVENILES
Table of Contents
Expunction
Alcoholic Beverage Code Offenses
Application for Expunction: Alcoholic Beverage Code Offenses .............................................................. 187
Order for Expunction of Records: Alcoholic Beverage Code Offenses...................................................... 188
Failure to Attend School
Failure to Attend School: Notice of Expunction Rights ............................................................................. 190
Application for Expunction: Failure to Attend School ............................................................................... 191
Order for Expunction of Records: Failure to Attend School....................................................................... 192
Tobacco Offenses
Application for Expunction: Tobacco Offenses .......................................................................................... 194
Order for Expunction of Records: Tobacco Offenses ................................................................................. 195
Penal Offenses
Notice of Expunction Rights: Penal Offenses/Deferred Disposition/Teen Court ....................................... 197
Application for Expunction: Penal Offenses ............................................................................................... 198
Order for Expunction of Records: Penal Offenses ...................................................................................... 199
Failure to Attend School Cases
Affidavit for Complaint: Failure to Attend School - School Attendance Officer ....................................... 201
Complaint: Failure to Attend School........................................................................................................... 202
Affidavit for Complaint: Parent Contributing to Non-Attendance.............................................................. 203
Failure to Attend School Dispositional Order ............................................................................................. 204
Dismissal of Untimely Failure to Attend School Complaint ...................................................................... 205
General Forms
Order to Take into Nonsecure Custody Offender under Age 17 .............................................................. 206
Report to Juvenile Court of Complaint Filed .............................................................................................. 207
Waiver of Jurisdiction and Transfer to Juvenile Court ............................................................................... 208
Optional Orders Applicable to Juveniles..................................................................................................... 209
Youth Accountability & Enforcement
Notice of Continuing Obligation to Inform Court of Childs Residence .................................................... 210
Statement/Change of Residential Address .................................................................................................. 211
Complaint: Violation of Continuing Obligation to Inform Court of Childs Address ................................ 212
Judgment Addendum: Child Contempt Warning ........................................................................................ 213
Contempt Show Cause Notice: Child .......................................................................................................... 214
Judgment of Contempt by a Child ............................................................................................................... 215
Order Referring Child to Juvenile Court for Delinquent Conduct .............................................................. 216
Notice of Continuing Obligation to Appear: JNA....................................................................................... 217
Complaint: Violation of Continuing Obligation to Appear ......................................................................... 218
Clerks Affidavit for Capias Pro Fine: JNA ................................................................................................ 219
Capias Pro Fine: JNA .................................................................................................................................. 220
Order of Commitment (Capias Pro Fine): JNA........................................................................................... 221
For judgments against juveniles and for status offenses,
see the Judgments & Orders chapter.
APPLICATION FOR EXPUNCTION: ALCOHOLIC BEVERAGE CODE OFFENSES (Sec. 106.12, A.B.C.)
IN THE MATTER OF
_____________________
CITY OF __________________
__________COUNTY, TEXAS
___________________________________
Defendant-Petitioner
Sworn and subscribed before me on this the __________ day of _____________________, 20____.
______________________________________________________
(Deputy Clerk)(Clerk)(Notary Public in and for the State of Texas)
Editors Note: The Court shall require an individual who files an application under this article
to pay a fee in the amount of $30 to defray the cost of notifying state agencies.
JUVENILES 08/11
187
ORDER FOR EXPUNCTION OF RECORDS: ALCOHOLIC BEVERAGE CODE OFFENSES (Sec. 106.12, A.B.C.) (Page 1 of 2)
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
(Petitioner)
ORDER OF EXPUNGEMENT
On this date came to be heard the application and motion for expunction filed in the above captioned cause. Having
considered the pleadings and other documents on file herein, the Court finds that it has jurisdiction over the cause and the parties;
and that all procedural and substantive requirements for expunction of the specified criminal records have been met pursuant to
Section 106.12, Alcoholic Beverage Code.
Therefore, it is hereby Ordered, Adjudged, and Decreed that:
(1) the application and motion for expunction filed in the above-captioned cause is GRANTED, and all records of the
petitioner's arrest and conviction, including the records in the Municipal Court of the City of _____________________________,
Texas, are to be expunged;
The following information is provided to identify the Defendant:
Name:
Sex:
Race:
Date of Birth:
Drivers License Number:
Identification Card Number:
Social Security Number:
The following information is provided to identify the records pertaining to this cause:
Offense:
Date of Offense:
Date of Arrest:
County Where Arrested:
Municipality Where Arrested:
Arresting Agency:
Case Number:
Court:
Cause Number:
Date of Conviction:
(2) the respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if
removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and
notify this Court of its action not later than _____________________________, 20____;
(3) the respondents shall delete from their records all index references to the records and files that are subject to this
expunction order;
(4) the respondent, the Municipal Court of the City of _________________________, Texas, shall not permit inspection of
the Court records concerning this expunction proceeding by any person other than the petitioner or petitioner's attorney herein, and
shall obliterate all public references to this proceeding;
(5) pursuant to Section 106.12, Alcoholic Beverage Code, after entry of this Order, the applicant shall be released from all
disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose; further, the
petitioner may deny the occurrence of the expunged arrest, prosecution, conviction, and this expunction order;
(6) the Department of Public Safety shall send a copy of this Order by certified mail, return receipt requested, to any central
federal depository of criminal records that there is reason to believe has any of the records subject to this Order, together with an
explanation to the effect of the order and a request that the records in possession of the depository, including any information with
respect to this proceeding, be destroyed, deleted, or returned to the Court on or before __________________, 20____;
JUVENILES 08/11
188
ORDER FOR EXPUNCTION OF RECORDS: ALCOHOLIC BEVERAGE CODE OFFENSES (Sec. 106.12, A.B.C.) (Page 2 of 2)
(7) the Texas Alcoholic Beverage Commission shall send a copy of this Order by certified mail, return receipt requested, to each
central and regional depository of criminal records that there is reason to believe has any of the records subject to this Order,
together with an explanation of the effect of the order and a request that the records in possession of the depository, including any
information with respect to this proceeding, be destroyed, deleted, or returned to the Court on or before
_______________________, 20____;
(8) the Clerk of the Municipal Court of the City of ________________________, Texas, shall cause a copy of this Order to
be delivered, by certified mail, return receipt requested, to the following respondents subject to this Order (include any of the
following, and any not listed, that are applicable):
(a) Texas Alcoholic Beverage Commission
5806 Mesa Drive
Austin, TX 78731
(b) Texas Department of Public Safety
Attn: Expunction Unit, TxDPS Crime Records
P.O. Box 4143 Mail Stop (MSC-0234)
Austin, TX 78765-4143
(c) _______________ County Juvenile Court
Address: ________________________________________________________________________________
(d) Sheriff's Department
Address: ________________________________________________________________________________
(e) _______________ Police Department
Address: ________________________________________________________________________________
(f) _______________ City Attorney's Office
Address: ________________________________________________________________________________
(g) _______________ Alcohol Awareness Course Provider
Address: ________________________________________________________________________________
(h) _______________Community Service Provider
Address: ________________________________________________________________________________
(i) Pretrial Services and/or Juvenile Case Manager
Address: ________________________________________________________________________________
(j) Other: __________________________________________________________________________________
________________________________________________________________________________________
Signed this _____ day of ____________________, 20____.
189
FAILURE TO ATTEND SCHOOL: NOTICE OF EXPUNCTION RIGHTS (Arts. 45.054(e) and 45.055, C.C.P.)
VS.
CITY OF __________________
_____________________
To apply for an expunction, the applicant must submit a written request that:
(1)
(2)
states that the applicant has not been convicted of more than one violation of Section 25.094, Education Code; and
(3)
(c) The court may expunge the conviction and records relating to the conviction without a hearing or, if facts are in doubt, may order a hearing
on the application. If the court finds that the applicant has not been convicted of more than one violation of Section 25.094, Education Code, the
court shall order the conviction, together with all complaints, verdicts, sentences, and other documents relating to the offense, including any
documents in the possession of a school district or law enforcement agency, to be expunged from the applicant's record. After entry of the order,
the applicant is released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose.
The court shall inform the applicant of the court's decision on the application.
(d) The court shall require an individual who files an application under this article to pay a fee in the amount of $30 to defray the cost of
notifying state agencies of orders of expunction under this article.
(e) A court shall expunge an individuals conviction under Section 25.094, Education Code, and records relating to a conviction, regardless of
whether the individual has previously been convicted of an offense under that section, if:
(1)
the court finds that the individual has successfully complied with the conditions imposed on the individual by the court
under Article 45.054; or
(2)
before the individuals 21st birthday, the individual presents to the court proof that the individual has obtained a high
school diploma or a high school equivalency certificate.
_______________________________________________
Date
_______________________________________________
Signature of Defendant
_______________________________________________
Date
_______________________________________________
Signature of Parent
_______________________________________________
Date
190
IN THE MATTER OF
_____________________
CITY OF __________________
__________COUNTY, TEXAS
___________________________________
Defendant-Petitioner
Sworn and subscribed before me on this the __________ day of _____________________, 20____.
______________________________________________________
(Deputy Clerk)(Clerk)(Notary Public in and for the State of Texas)
Editors Note: The Court shall require an individual who files an application under this article
to pay a fee in the amount of $30 to defray the cost of notifying state agencies.
JUVENILES 08/11
191
ORDER FOR EXPUNCTION OF RECORDS: FAILURE TO ATTEND SCHOOL (Art. 45.055, C.C.P.) (Page 1 of 2)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
(Petitioner)
ORDER OF EXPUNGEMENT
On this date, came to be heard the application and motion for expunction filed in the above captioned cause. Having
considered the pleadings and other documents on file herein, the Court finds that it has jurisdiction over the cause and the parties;
and that all procedural and substantive requirements for expunction of the specified criminal records have been met pursuant to
Article 45.055(c), Code of Criminal Procedure.
On this date, this Court finds that the individual named above has successfully complied with the conditions imposed on
the individual by the Court under Article 45.054, Code of Criminal Procedure, and all procedural and substantive requirements for
expunction of all criminal records relating to the individuals conviction in the above referenced cause have been met pursuant to
Article 45.055(e)(1), Code of Criminal Procedure.
On this date, the individual named above presented to the Court proof that the individual has obtained a high school
diploma or a high school equivalency certificate before the individuals 21st birthday, and this Court finds that all procedural and
substantive requirements for expunction of all criminal records relating to the individuals conviction in the above referenced
cause have been met pursuant to Article 45.055(e)(2), Code of Criminal Procedure.
Therefore, it is hereby Ordered, Adjudged, and Decreed that:
(1) expunction in the above-captioned cause is GRANTED, and all records of the petitioner's arrest and conviction, including
the records in the Municipal Court of the City of _____________________________, Texas, are to be expunged;
The following information is provided to identify the Defendant:
Name:
Sex:
Race:
Date of Birth:
Drivers License Number:
Identification Card Number:
Social Security Number:
The following information is provided to identify the records pertaining to this cause:
Offense:
Date of Offense:
Date of Arrest:
County Where Arrested:
Municipality Where Arrested:
Arresting Agency:
Case Number:
Court:
Cause Number:
Date of Conviction:
(2) the respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if
removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and
notify this Court of its action not later than _____________________________, 20____;
(3) the respondents shall delete from their records all index references to the records and files that are subject to this
expunction order;
JUVENILES 08/11
192
ORDER FOR EXPUNCTION OF RECORDS: FAILURE TO ATTEND SCHOOL (Art. 45.055, C.C.P.) (Page 2 of 2)
(4) the respondent, the Municipal Court of the City of _________________________, Texas, shall not permit inspection of
the Court records concerning this expunction proceeding by any person other than the petitioner or petitioner's attorney herein, and
shall obliterate all public references to this proceeding;
(5) pursuant to Article 45.055, Code of Criminal Procedure, after entry of this Order, the applicant shall be released from all
disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose; further, the
petitioner may deny the occurrence of the expunged arrest, prosecution, conviction, and this expunction order;
(6) the __________________________ School District shall destroy or remove any record or entry concerning this violation
or conviction;
(7) the Clerk of the Municipal Court of the City of ________________________, Texas, shall cause a copy of this Order to
be delivered, by certified mail, return receipt requested, to the following respondents subject to this Order (include any of the
following, and any not listed, that are applicable):
(a)
(b)
(c)
(d)
Sheriff's Department
Address: ________________________________________________________________________________
(e)
(f)
(g)
(h)
Other: __________________________________________________________________________________
________________________________________________________________________________________
193
IN THE MATTER OF
_____________________
CITY OF __________________
__________COUNTY, TEXAS
___________________________________
Defendant-Petitioner
Sworn and subscribed before me on this the __________ day of _____________________, 20___.
______________________________________________________
(Deputy Clerk)(Clerk)(Notary Public in and for the State of Texas)
Editors Note: The Court shall require an individual who files an application under this
article to pay a fee in the amount of $30 to defray the cost of notifying state agencies.
JUVENILES 08/11
194
ORDER FOR EXPUNCTION OF RECORDS: TOBACCO OFFENSES (Sec. 161.255, H.S.C.) (Page 1 of 2)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
(Petitioner)
ORDER OF EXPUNGEMENT
On this date came to be heard the application and motion for expunction filed in the above captioned cause. Having
considered the pleadings and other documents on file herein, the Court finds that it has jurisdiction over the cause and the parties;
and that all procedural and substantive requirements for expunction of the specified criminal records have been met pursuant to
Section 161.255, Health and Safety Code.
Therefore, it is hereby Ordered, Adjudged, and Decreed that:
(1) the application and motion for expunction filed in the above-captioned cause is GRANTED, and all records of the
petitioner's arrest and conviction, including the records in the Municipal Court of the City of _____________________________,
Texas, are to be expunged;
The following information is provided to identify the Defendant:
Name:
Sex:
Race:
Date of Birth:
Drivers License Number:
Identification Card Number:
Social Security Number:
The following information is provided to identify the records pertaining to this cause:
Offense:
Date of Offense:
Date of Arrest:
County Where Arrested:
Municipality Where Arrested:
Arresting Agency:
Case Number:
Court:
Cause Number:
Date of Conviction:
(2) the respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if
removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and
notify this Court of its action not later than _____________________________, 20____;
(3) the respondents shall delete from their records all index references to the records and files that are subject to this
expunction order;
(4) the respondent, the Municipal Court of the City of _________________________, Texas, shall not permit inspection of
the Court records concerning this expunction proceeding by any person other than the petitioner or petitioner's attorney herein, and
shall obliterate all public references to this proceeding;
(5) pursuant to Section 161.255, Health and Safety Code, after entry of this Order, the applicant shall be released from all
disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose; further, the
petitioner may deny the occurrence of the expunged arrest, prosecution, conviction, and this expunction order;
(6) the Department of Public Safety shall send a copy of this Order by certified mail, return receipt requested, to any central
federal depository of criminal records that there is reason to believe has any of the records subject to this Order, together with an
explanation to the effect of the order and a request that the records in possession of the depository, including any information with
respect to this proceeding, be destroyed, deleted, or returned to the Court on or before __________________, 20____;
JUVENILES 08/11
195
ORDER FOR EXPUNCTION OF RECORDS: TOBACCO OFFENSES (Sec. 161.255, H.S.C.) (Page 2 of 2)
(7) the Clerk of the Municipal Court of the City of ________________________, Texas, shall cause a copy of this Order to
be delivered, by certified mail, return receipt requested, to the following respondents subject to this Order (include any of the
following, and any not listed, that are applicable):
(a)
(b)
(c)
Sheriff's Department
Address: ________________________________________________________________________________
(d)
(e)
(f)
(g)
(h)
Other: __________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
JUVENILES 08/11
196
NOTICE OF EXPUNCTION RIGHTS: PENAL OFFENSES/ DEFERRED DISPOSITION/ TEEN COURT (Art. 45.0216, C.C.P.)
VS.
CITY OF __________________
___________COUNTY, TEXAS
_____________________
________________________________________
Signature of Parent
Date
JUVENILES 08/11
197
IN THE MATTER OF
_____________________
CITY OF __________________
___________COUNTY, TEXAS
___________________________________
Defendant-Petitioner
Sworn and subscribed before me by ________________________________, a credible person, on this __________ day of
_____________________, 20___.
______________________________________________________
(Deputy Clerk)(Clerk)(Notary Public in and for the State of Texas)
Editors Note: The Court shall require an individual who files an application under this article to pay a
fee in the amount of $30 to defray the cost of notifying state agencies.
JUVENILES 08/11
198
ORDER FOR EXPUNCTION OF RECORDS: PENAL OFFENSES (Art. 45.0216, C.C.P.) (Page 1 of 2)
VS.
CITY OF __________________
___________COUNTY, TEXAS
_____________________
(Petitioner)
ORDER OF EXPUNGEMENT
On this date came to be heard the application and motion for expunction filed in the above captioned cause. Having
considered the pleadings and other documents on file herein, the Court finds that it has jurisdiction over the cause and the parties;
and that all procedural and substantive requirements for expunction of the specified criminal records have been met pursuant to
Article 45.0216, Code of Criminal Procedure.
Therefore, it is hereby Ordered, Adjudged, and Decreed that:
(1) the application and motion for expunction filed in the above-captioned cause is GRANTED, and all records of the
petitioner's arrest and conviction, including the records in the Municipal Court of the City of _____________________________,
Texas, are to be expunged;
The following information is provided to identify the Defendant:
Name:
Sex:
Race:
Date of Birth:
Drivers License Number:
Identification Card Number:
Social Security Number:
The following information is provided to identify the records pertaining to this cause:
Offense:
Date of Offense:
Date of Arrest:
County Where Arrested:
Municipality Where Arrested:
Arresting Agency:
Case Number:
Court:
Cause Number:
Date of Conviction:
(2) the respondents listed herein shall return all records and files concerning the above specified arrest to this Court, or if
removal is impracticable, obliterate all portions of the record or file that identify the petitioner, including all computer entries, and
notify this Court of its action not later than _____________________________, 20____;
(3) the respondents shall delete from their records all index references to the records and files that are subject to this
expunction order;
(4) the respondent, the Municipal Court of the City of _________________________, Texas, shall not permit inspection of
the Court records concerning this expunction proceeding by any person other than the petitioner or petitioner's attorney herein, and
shall obliterate all public references to this proceeding;
(5) pursuant to Article 45.0216, Code of Criminal Procedure, after entry of this Order, the applicant shall be released from all
disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose; further, the
petitioner may deny the occurrence of the expunged arrest, prosecution, conviction, and this expunction order;
(6) the Department of Public Safety shall send a copy of this Order by certified mail, return receipt requested, to any central
federal depository of criminal records that there is reason to believe has any of the records subject to this Order, together with an
explanation to the effect of the order and a request that the records in possession of the depository, including any information with
respect to this proceeding, be destroyed, deleted, or returned to the Court on or before ____________________, 20_____;
JUVENILES 08/11
199
ORDER FOR EXPUNCTION OF RECORDS: PENAL OFFENSES (Art. 45.0216, P.C.) (Page 2 of 2)
(7) the Clerk of the Municipal Court of the City of ________________________, Texas, shall cause a copy of this Order to
be delivered, by certified mail, return receipt requested, to the following respondents subject to this Order (include any of the
following, and any not listed, that are applicable):
(a)
(b)
(c)
Sheriff's Department
Address: ________________________________________________________________________________
(d)
(e)
(f)
(g)
(h)
Other: __________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
JUVENILES 08/11
200
AFFIDAVIT FOR COMPLAINT: FAILURE TO ATTEND SCHOOL SCHOOL ATTENDANCE OFFICER (Sec. 25.094, E.C.)
VS.
CITY OF __________________
_____________________
In the Name and by the Authority of the State of Texas:
I, ________________________________, being duly sworn on oath, state and swear that I am duly employed by the
________________ School District and am charged with the duties of attendance officer. In this role, I am responsible for
compliance with state laws regulating compulsory school attendance by students residing with this school district.
I have good reason to believe and do believe that ___________________________________, individual whose date of birth is
________________, is required to attend school under Section 25.085, Education Code. This individual is regularly enrolled and
attends the _______________________________ School, within this school district (and within the territorial limits of the City of
___________________) (and lives within the City of _____________________). Before the making and filing of this affidavit in
the territorial limits of the City of ________________________ and the State of Texas, the individual has intentionally and
knowingly failed to attend school for ______ days during the period between __________________ and
________________________.
This failure to attend was determined by:
Reviewing attendance records of the school,
Interviewing _________________________________________________________________________________________, or
Other _____________________________________________________________________________________________________.
Further, no reason for the foregoing absences was provided to the school by the custodial parent or other person in parental relation
to the individual; the records of the school contain no excuse; and each of said absences was unexcused.
I further certify that the school has applied the truancy prevention measures adopted under Section 25.0915(a), Education
Code to the student and the truancy prevention measures failed to meaningfully address the students school attendance.
The student is eligible is not eligible for special education services under Subchapter A, Chapter 29, Education
Code and the student receives does not receive such services.
Additional specifics are:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_______________________________________________________________________________________________________.
Against the peace and dignity of the State.
Affiant: __________________________________
Sworn to and subscribed before me on this the _____ day of _______________, 20___.
______________________________________
(Notary Public in and for the State of Texas)
(Clerk)(Deputy Clerk)(Municipal Court Judge)
City of _______________________________
__________________________County, Texas
Editors Note: Section 25.0951, E.C., provides that if a student fails to attend school without an excuse on 10 or more days or parts of days
within a six-month period in the same school year, a school district shall, within 10 school days of the students last absence (i.e., the 10th
absence), file a complaint against the student, the students parent, or both in the appropriate court alleging an offense under Section 25.093
or 25.094, E.C.
JUVENILES 08/11
201
STATE OF TEXAS
VS.
CITY OF __________________
___________COUNTY, TEXAS
_____________________
_________________________________________
(Judge) (Clerk) (Deputy Clerk), Municipal Court
City of __________________________________
_____________________________County, Texas
Editors Note: Section 25.0951, E.C., provides that if a student fails to attend school without an excuse on 10 or more days or parts of days
within a six-month period in the same school year, a school district shall, within 10 school days of the students last absence (i.e., the 10th
absence), file a complaint against the student, the students parent, or both in the appropriate court alleging an offense under Section 25.093
or 25.094, E.C.
JUVENILES 08/11
202
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
Editors Note: Section 25.0951, E.C., provides that if a student fails to attend school without an excuse on 10 or more days or parts of days
within a six-month period in the same school year, a school district shall, within 10 school days of the students last absence (i.e., the 10th
absence), file a complaint against the student, the students parent, or both in the appropriate court alleging an offense under Section 25.093
or 25.094, E.C.
Section 25.085, E.C., allows a board of trustees of a school district to adopt a policy requiring a student who voluntarily enrolls in school or
attends school after his or her 18th birthday to attend school until the end of the school year. Parents, however, are exempt from sanctions,
such as Parent Contributing to Nonattendance, under these rules.
JUVENILES 08/11
203
VS.
CITY OF __________________
_____________________
ORDER
On this date appeared _________________________, Defendant in the above-styled and number cause, who, having being found guilty of an offense
under Section 25.094, Education Code, this Court having jurisdiction ORDERS the following provisions as indicated:
The Defendant:
attend a preparatory class for the high school equivalency exam due to the Courts determination that the Defendant is too old to
do well in a formal classroom environment; or
take the high school equivalency examination administered under Section 7.111, Education Code (applicable only if the
Defendant is at least 16 years of age).
The Defendant attend a special program the Court has determined to be in best interest of the individual, including:
alcohol program;
drug abuse program;
rehabilitation program;
counseling, including self-improvement counseling;
training in self-esteem and leadership;
work and job skills training;
training in parenting, including parental responsibility;
training in manners;
training in violence avoidance;
sensitivity training; and
training in advocacy and mentoring.
The Defendant complete reasonable community service requirements: _________________________________________.
The Defendant participate in a tutorial program provided by the school, in academic subjects for which child is enrolled for ______
hours.
The Department of Public Safety (DPS):
suspend the drivers license or permit of the Defendant for a period of ______ days (not to exceed 365);
deny the issuance of a drivers license or permit to the Defendant for a period of ______ days (not to exceed 365).
The Defendant and the Defendants parents, managing conservator, or guardian attend a class for students at risk of dropping out. This
order applies specifically to the following individuals: _______________________________________________________________.
Fees or court costs imposed in this case are waived as this Court finds payment would cause financial hardship.
Fees or court costs imposed in this case are reduced to $______________ as this Court finds payment would cause financial hardship.
This dispositional order shall be in effect for _____ days (not to exceed 180 days or until the end of the school year, whichever is longer).
___________________________
Judge, Municipal Court
City of _____________________
the Defendant has successfully complied with the conditions imposed on the individual in this order
the Defendant has presented to this Court proof that the Defendant has obtained a high school diploma or high school equivalency
certificate.
It is hereby ORDERED that the complaint against the Defendant alleging that the Defendant committed an offense under Section 25.094,
Education Code is hereby dismissed.
____________________________________________
Judge, Municipal Court
Date: _______________________________________
JUVENILES 08/11
204
VS.
CITY OF __________________
_____________________
ORDER OF DISMISSAL
WHEREAS, Section 25.0951(a) and (d), Education Code, provides:
If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school
year, a school district shall within 10 school days of the students 10th absence file a complaint alleging failure to attend school
and/or parent contributing to non-attendance. A court shall dismiss a complaint or referral made by a school district that is not
made in compliance with this section.
(1) A complaint dismissed for the school districts failure to file within 10 days may not be filed again. A school district may,
however, file a new complaint with an unexcused absence that occurred subsequent to the absences noted on the original
complaint, but it must do so within 10 days of the latest unexcused absence.
(2) A school district may not file a complaint or referral under Section 25.0951(b) if the student has accumulated 10 unexcused
absences by the time the school district is ready to file the case.
WHEREAS, the evidence duly presented shows that (this complaint was) (these complaints were) not timely filed.
THE COURT FINDS AND ORDERS:
The complaints in the above referenced cause number(s) are not timely filed and are HEREBY DISMISSED.
_________________________________________________
Judge, Municipal Court
Date
(municipal court seal)
City of ___________________________________________
_____________________________________County, Texas
JUVENILES 08/11
205
ORDER TO TAKE INTO NONSECURE CUSTODY: OFFENDER UNDER AGE 17 (Art. 45.058, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
___________________________________________________
(Magistrate)(Judge), Municipal Court
City of __________________________________________________
____________________________________________ County, Texas
.........................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20___, at __________ o'clock, ___.m. and executed on the _____ day of
_______________, 20___, at __________ o'clock, ___.m. by _____________________________________________________ .
__________________________________________
Peace Officer
JUVENILES 08/11
206
STATE OF TEXAS
VS.
CITY OF__________________
__________________
___________COUNTY, TEXAS
Editors Note: It is suggested that this form be in triplicate; the top copy would report to the Juvenile Court the filing of a
complaint against a juvenile in Municipal Court and would record the docket number, the juvenile Defendant's name, birth date, and
the offense alleged; the second copy would then accompany the copy of the final disposition to the Juvenile Court and the third copy
would be retained in the Municipal Court's file to document that the required reports were made. This form would be used only in
cases where the Municipal Court does not waive its jurisdiction.
JUVENILES 08/11
207
CITY OF __________________
__________COUNTY, TEXAS
Juvenile Court
____________________________
____________________________
Pursuant to Section 51.08, Family Code, the Municipal Court referenced above waives its jurisdiction in the case set out and
transfers the case to the Juvenile Court named. The case was not transferred to the Municipal Court by the Juvenile Court, nor is it a
case alleging a traffic violation. The case does allege an offense classified as a misdemeanor punishable by fine only or violation of
city ordinance other than traffic.
The records of this Municipal Court show of this Defendant:
Check only what is applicable. Add as many prior convictions as your records show except traffic or tobacco offenses.
The following marked documents are enclosed to effect this waiver of Municipal Court jurisdiction and transfer of the case to the
Juvenile Court.
Citation
Complaint
Magistrate's Warning Certificate
Juvenile Confession/Voluntary
Statement Warnings
Waiver of Rights by a Juvenile
Magistrate's Certification and
Acknowledgment of Voluntary
Statement of Juvenile
Appearance Bond
Other: ________________________________________________________
______________________________________________________________
______________________________________________________________
208
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
On this date appeared _________________________, Defendant in the above-styled and number cause, a child, who, having
being found guilty of a fine-only offense, this Court having jurisdiction ORDERS the following provisions as indicated:
The Defendant shall no later than ___________________, 20____:
Attend a rehabilitation program;
Attend counseling;
Attend self-esteem and leadership class;
Attend work and job skills training;
Attend job interviewing and work preparation training;
Attend self-improvement training;
Attend parenting class;
Attend manners training;
Attend violence avoidance training;
Get tutoring;
Attend parental responsibility training;
Attend sensitivity training;
Perform community service at _______________________ for _____ hours;
Participate in an advocacy or mentoring program;
Other: _________________________________________________________________.
The above ordered program(s) shall be completed by _______________________, 20 _____.
The Court further finds that the Defendant is at risk and orders the parent to attend:
Crisis family intervention;
Emergency short-term residential care for children 10 years of age or older;
Family counseling;
Parenting skills training;
Youth coping skills training;
Advocacy training;
Mentoring;
A parenting class or parental responsibility program;
The above ordered program(s) shall be completed by _______________________, 20 _____.
The person required to attend this program submit proof of attendance to the Court.
The parent, managing conservator, or guardian of the child shall pay an amount not greater than $100 for the costs of the
program.
The parents, managing conservators, or guardians refrain from conduct that may encourage the child to violate a Court order.
The parents, managing conservators, or guardians attend the childs school classes or functions.
The Defendant is hereby Ordered to pay restitution in the amount of $ ___________________________________ to the
victim in this case. Said restitution to be paid by ________________________________________________.
The child or the childs parents, managing conservators, or guardians are referred for services under Section 264.302, Family
Code. This order applies specifically to the following individuals: _______________________________________________.
Dated: ___________________
___________________________
Judge, Municipal Court
City of _____________________
_______________ County, Texas
(municipal court seal)
JUVENILES 08/11
209
NOTICE OF CONTINUING OBLIGATION TO INFORM COURT OF CHILDS RESIDENCE (Art. 45.057(h) and (i), C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
CHANGES IN ADDRESS: Changes in the Defendants address shall be provided in writing to the Court in the following
manner: __________________________________________________________________________________________________
QUESTIONS: For additional information about your obligation you may call or visit the Court.
Municipal Court
Address
City, Texas
Zip Code
Telephone Number
Website
____________________________
Defendants Signature
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
____________________________
Parents Signature
________________________________
Judge, Municipal Court
City of
Date
Note: A written copy of this notice must be provided to each individual placed under the obligation. A separate copy must be
retained with the records of the case in the event of Juvenile Now-Adult (JNA) enforcement.
JUVENILES 08/11
210
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
According to the records of the Court, the following is the residential address of the Defendant named above:
_______________________________
_______________________________
_______________________________
_______________________________
Check, sign, and date beneath ONE of the following:
The information stated above is the CORRECT residential address of the Defendant named above. The Court has given me
written notice of my continuing obligation to keep the Court informed as to changes in the Defendants correct residential
address. I understand that violation of my obligation is a Class C misdemeanor punishable by a fine not to exceed $500.00
dollars (excluding fees and costs) and may result in my arrest.
________________________________________
Signature
________________________________________
Date
The information stated above is an INCORRECT residential address for the Defendant named above. I understand that
knowingly making a false statement in a governmental record is a Class A misdemeanor. The CORRECT residential address
for the Defendant is:
_______________________________
_______________________________
_______________________________
_______________________________
The Court has given me written notice of my continuing obligation to keep the Court informed as to changes in the Defendants
correct residential address. I understand that violation of my obligation is a Class C misdemeanor punishable by a fine not to
exceed $500.00 dollars (excluding fees and costs) and may result in my arrest.
________________________________________
Signature
________________________________________
Date
JUVENILES 08/11
211
COMPLAINT: VIOLATION OF CONTINUING OBLIGATION TO INFORM COURT OF CHILDS ADDRESS (Art. 45.057, C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
JUVENILES 08/11
212
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
On this ___ day of ___________________ 20__, the Defendant in the above numbered and entitled cause is warned by the
Court that failure or refusal to comply with the Courts order may result in the Defendant being held in contempt of court.
Violation of this Courts order shall result in the Defendant being taken into custody by a peace officer and either:
1.
REFERRAL to Juvenile Court for delinquent conduct for contempt of a municipal court order;
OR
Acknowledged by Defendant,
________________________
Defendants Signature
Admonished by,
_____________________________
Judge, Municipal Court
City of _______________________
_________________ County, Texas
JUVENILES 08/11
213
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Address: ____________________________________________________________________________________________________
You are hereby ordered to appear before the ________________________ Municipal Court at __________ o'clock ___.m., on
the _____ day of _______________, 20__, to show cause why you failed to abide by the terms of the judgment rendered against you on
the ____________________, 20__. Specifically, you are accused of failing to:
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
___________________________________________________________________________________________________________.
WARNING
If you fail to appear pursuant to this order and your contemptuous conduct occurs prior to your 17th birthday, the Court may
have you taken into custody and refer you to Juvenile Court for delinquent conduct. Alternatively, the Court may impose a fine of
up to $500 and/or deny you the ability to possess a Texas drivers license until you fully comply with the Courts orders. If an
allegation of contempt stems from an offense occurring on or after September 1, 2003, and if you have already been found guilty,
you may be committed to jail upon turning age 17. To avoid such consequences you must fully comply with all of the Courts
orders.
(municipal court seal)
____________________________________
Judge, Municipal Court
City of ______________________________
________________________County, Texas
JUVENILES 08/11
214
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
JUDGMENT OF CONTEMPT
On the ___ day of __________, 20__, this Court entered a judgment of guilty against __________________________________
________________________(name) who was ordered by the Court to: _________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________.
After personally receiving in writing the above lawful order from the Court, ___________________ did then and there fail to
comply with the order, to wit: __________________________________________________________________________________
___________________________________________________________________________________________________________
__________________________________________________________________________________________________________ ,
which amounted to a willful and contemptuous refusal to obey the above lawful order. __________________ was warned by the
Court that such failure or refusal was unlawful contempt of court on _______________________.
After receiving a written warning, ______________________did then and there willfully and contemptuously refuse to obey the
lawful order by __________________________(municipal judge).
The Court finds that a notice of contempt was made to ____________________________ on the _____ day of __________,
20___. That _____________________________ (did)(did not) attend the show cause hearing on the _____ day of __________,
20___, as set forth in the notice. The Court finds contemnor did not show good cause he he/she should not be held in contempt.
The Court finds that a finding of contempt is necessary to compel obedience of court orders.
The Court hereby refers the child to the appropriate Juvenile Court for delinquent conduct for violating a lawful order of the
______________________________ Municipal Court under circumstances that would constitute contempt of Court.
The Court hereby retains jurisdiction of the case and finds that this refusal constitutes contempt of court and that
__________________________ is guilty of contempt.
It is hereby ordered that _______________________ pay a fine in the amount of $ __________________________ (an
amount not to exceed $500).
It is hereby ordered that the Texas Department of Public Safety suspend the childs drivers license or deny the issuance of
a license or permit until receiving notice from this Court that the child has fully complied with the orders of this Court.
Rendered and entered this _____ day of _________________, 20__.
(municipal court seal)
_______________________________
Judge, Municipal Court
City of _________________________
___________________County, Texas
JUVENILES 08/11
215
ORDER REFERRING CHILD TO JUVENILE COURT FOR DELINQUENT CONDUCT (Art. 45.050(c)(1), C.C.P.)
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
2.
The Defendant was previously convicted in this Court for the offense of ______________________________, docket number
__________ of the City of _____________________________ Municipal Court on the ______ day of
,
20___.
3.
Upon conviction, this Court on the _____ day of ___________________, 20___ ordered Defendant to __________________
____________________________________________________________________________________________________
no later than _______________________ , 20___ .
4.
Pursuant to Article 45.050(c)(1), Code of Criminal Procedure, it is ORDERED that the Defendant is referred to
___________________________________________________________(enter title of appropriate juvenile court official. See
Section 51.02(12), Family Code), for delinquent conduct as defined in Section 51.03(a)(2), Family Code. IT IS FURTHER
ORDERED that the Clerk of this Court shall forward a certified copy of all papers and records of this case, including this Order,
to the above named official.
Signed and entered this _____ day of ____________________ , 20___.
(municipal court seal)
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
JUVENILES 08/11
216
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
_______________________________________________
_______________________________________________
_______________________________________________
OFFICERS RETURN
Came to hand the _____ day of ______________________ , 20___, at _____oclock ____.m., and executed the _______ day of
________________________ , 20___ at ____oclock _____.m. by:
Delivering a copy of this Notice of Continuing Obligation to Appear to the Defendant personally.
Mailing a copy of this Notice of Continuing Obligation to Appear to the Defendants last known address pursuant to Article
45.057 and 45.060, Code of Criminal Procedure.
Address:
___________________________________
___________________________________
________________________________
___________________________________
Date: ___________________________
JUVENILES 08/11
217
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
JUVENILES 08/11
218
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
I, ___________________, being duly sworn, upon oath, state that I have good reason to believe and do believe that on or
about the _____ day of _____________, 20___, _________________________________________, Defendant, defaulted in
payment of a fine and court costs. My belief is based upon the following:
I am the Municipal Court Clerk and custodian of the records for the Municipal Court, City of __________________________,
______________________________________ County, Texas. On __________________, 20___, I personally examined the official
records of this Municipal Court. The records indicate that the Defendant in the above styled and numbered cause was charged with the
offense of__________________________________________________________________________________________________,
and was found guilty of the offense, on the _____ day of ______________, 20___. The judgment in the above styled case indicate
that the Defendant was ordered to make (a payment)(certain prescribed payments) on the fine and costs imposed on the following
date(s):
____________________________________________________________________________________________________________
___________________________________________________________________________________________________________ .
The official court record indicates that the Defendant did not appear on the _____ day of _______________, 20___ to make a
payment or to request an extension as ordered by the Court. The official court record shows that said Defendant owes
________________________________ dollars ($__________) in fine and court costs to satisfy the judgment.
At the time of default, Defendant, a child, was at least 10 years of age and younger than 17 years of age. As required by law, the Court
proceeded under Article 45.050, Code of Criminal Procedure, to compel the individual to discharge the judgment. According to court
records, the Defendant is of date 17 years of age or older.
______________________________
Affiant
___________________________________
(Judge) (Clerk) (Deputy Clerk)
City of ____________________________
JUVENILES 08/11
219
STATE OF TEXAS
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
TO THE CHIEF OF POLICE OF THE CITY OF ______________ OR ANY PEACE OFFICER OF THE STATE OF
TEXAS GREETINGS:
Whereas on the _____ day of _______________, 20___, before Judge ________________________ of the Municipal Court of the
City of _________________________, Texas, _________________________________, Defendant, date of birth ____/____/____, was
convicted of the offense of: ___________________________ and a judgment was rendered by said Court in favor of the State, against
said Defendant for the sum of $__________ and all costs of Court; and there is due and unpaid the amount of $__________.
According to court records, the Defendant defaulted in discharging the judgment of the Court on or about ____/____/____.
At the time of default, Defendant, a child, was at least 10 years of age and younger than 17 years of age. As required by law, the Court
proceeded under Article 45.050, Code of Criminal Procedure, to compel the individual to discharge the judgment. According to Court
records, the Defendant is of this day 17 years of age or older. According to court records, the amount of $__________ remains unpaid.
The individual named as the Defendant in the judgment of the above styled case is now an adult.
The Court hereby finds that the issuance of a capias pro fine is justified. In making such a finding, the Court has considered:
1. The sophistication and maturity of the individual;
2. The criminal record and history of the individual; and
3. The reasonable likelihood of bringing about the discharge of the judgment through the use of procedures and services
currently available to the Court.
You are therefore commanded to bring said Defendant before the Municipal Court of the City of ________________________,
Texas immediately or place him or her in jail until the next business day following the date of the Defendants arrest if the Defendant
cannot be brought before the court immediately. You are commanded to notify the Court immediately upon arrest of the Defendant.
In witness whereof, I have hereunto set my hand at my office in the Municipal Court of the City of _______________________,
Texas this _____ day of _______________, 20___.
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________County, Texas
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20___, at __________ o'clock ___.m. Executed on the _____ day of
_______________, 20___, at __________ o'clock ___.m. the same by arresting _______________________________, the named
Defendant.
_______________________________
Arresting Officer
JUVENILES 08/11
220
VS.
CITY OF __________________
___________________
__________COUNTY, TEXAS
Concurrently (at the same time, per judgment until jail credit exceeds or equals the sum total of fine and costs).
Consecutively (stacked, one sentence of confinement is to follow another until jail credit exceeds or equals the sum total of
fine and costs) with the following cause(s): List Cause Number(s), Court(s), date of judgment(s), offense(s), and fine and costs
total(s).
221
ANIMAL
HEARINGS
ANIMAL HEARINGS
Table of Contents
Cruelly Treated Animal(s)
Affidavit for Warrant to Seize Cruelly Treated Animal(s).... 222
Seizure Warrant for Cruelly Treated Animal(s) .................... 223
Order: Cruelly Treated Animal(s) Hearing ........................... 225
Appeal Bond: Cruelly Treated Animal(s) Case ..................... 226
Dogs that Attack Persons
Affidavit for Warrant to Seize Dog that Caused Serious
Bodily Injury or Death........................................................ 227
Seizure Warrant for Dog that Caused Serious Bodily Injury
or Death .............................................................................. 228
Notice of Hearing for Dog that Caused Serious Bodily
Injury or Death ................................................................... 229
Order: Dog Caused Serious Bodily Injury or Death.............. 230
Dangerous Dogs
Complaint: Dangerous Dog Incident ..................................... 231
Notice of Dangerous Dog Complaint Filed ........................... 232
Seizure Warrant for Dangerous Dog ..................................... 233
Notice of Dangerous Dog Hearing ........................................ 234
Dangerous Dog Judgment ..................................................... 235
Application: Dangerous Dog Owner Failed to Comply ........ 237
Notice of Hearing: Owner Failed to Comply ........................ 238
Dangerous Dog Judgment: Owner Failed to Comply ........... 239
Seizure Warrant for Dangerous Dog: Owner Failed to
Comply ............................................................................... 240
AFFIDAVIT FOR WARRANT TO SEIZE CRUELLY TREATED ANIMAL(S) (Sec. 821.022, H.S.C.)
STATE OF TEXAS
COUNTY OF
CITY
BEFORE ME, the undersigned authority, on this day personally appeared the affiant, who after being by me duly sworn, deposes
and makes the following statements and accusations:
Affiant is ______________________________________, who is an Animal Control Officer or Peace Officer for the City of
_________________________, and makes the following statements for legal seizure under Section 821.022, Health and Safety
Code:
Seizure is requested of an/all animal(s) that is/are being cruelly treated, in particular, ____________________________________
_________________________________________________________________________________________________________
_____________________________________________________ [list manner(s) of cruel treatment or check any of the following]
___ tortured
___ seriously overworked
___ unreasonably abandoned
___ unreasonably deprived of necessary food, care, or shelter
___ cruelly confined
___ caused to fight with another animal;
Specifically including but not limited to: ________________________________________________________________________
_________________________________________________________________________________________________________
______________________________________________________. [List type(s) of animal(s) and name(s) of animal(s), if known.]
This/These animal(s) is/are currently located in the City of _________________________, ___________________ County, Texas
at
_________________________________________________________________________________________
[location],
which is under the control of _______________________ [owners name]. The description of the premises is as follows:
________________________________________________________________________________________________________.
My belief of the foregoing is based on the following facts:
[list specifically how the animal(s) was/were being cruelly treated].
Wherefore, Affiant requests a warrant to seize said animal(s) in accordance with Section 821.022, Health and Safety Code, and
requests that a hearing be set within 10 calendar days in order to determine whether said animal(s) has/have been cruelly treated.
Signed on this the ___________ day of ______________________, 20__.
________________________________________
Affiant
Subscribed and sworn to before me the undersigned authority on this the ______ day of _____________________, 20___.
______________________________________________
Judge, Municipal Court
222
SEIZURE WARRANT FOR CRUELLY TREATED ANIMAL(S) (Sec. 821.022, H.S.C.) (Page 1 of 2)
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
TO THE ANIMAL CONTROL AUTHORITY FOR THE CITY OF ________________, TEXAS OR ANY OTHER
PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS:
Whereas a sworn affidavit has been made before me by ____________________________ [name of Affiant], alleging
that the below described animal(s) is/are being or has/have been cruelly treated, a true and exact copy of which application is
attached hereto and expressly incorporated herein and made a part hereof, and said affidavit having stated facts and information in
my opinion sufficient to establish probable cause for the issuance of this warrant;
Whereas, in accordance with Section 821.022, Health and Safety Code, a seizure warrant may be issued to a peace officer
or an officer who has responsibility for animal control in a municipality and has reason to believe that an animal has been or is
being cruelly treated;
You are hereby commanded to ENTER UPON AND SEARCH the below described location and to there verify the
presence of the below described animal(s) and SHALL SEIZE the same and any other found animals that have been or are being
cruelly treated, to inspect, to make note of findings, to take photographs of animals alleged to be/have been cruelly treated and
conditions constituting alleged cruel treatment of the below described animal(s):
Animal(s) Description: ________________________________________________________________
Address Where Animal Kept: ___________________________________________________________
Purported Owner and Address: __________________________________________________________
It is further ordered that the animal(s) shall be IMPOUNDED and held in the custody and control of the City of
______________________ in accordance with Section 821.022, Health and Safety Code, for the purpose of a hearing to determine
whether the animal(s) has/have been cruelly treated as defined under the laws of the State of Texas.
It is further ordered that you give written notice to _____________________________________ [name(s) of owner(s)]
the alleged owner(s) of said animal(s), that the hearing to determine whether said animal(s) has/have been cruelly treated will be
held not later than 10 days from the date of issuance of this warrant in the City of _________________________ Municipal Court
on the __________ day of __________________, 20___, at ________ [time], located at __________________________________
__________________________________________________ [address of municipal court].
HEREIN FAIL NOT, but make due service and return of this warrant, showing how you executed the same.
Signed this _____ day of _______________, 20__.
223
SEIZURE WARRANT FOR CRUELLY TREATED ANIMAL(S) (Sec. 821.022, H.S.C.) (Page 2 of 2)
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the above styled and numbered cause is set for hearing as provided by law, in the
City of _______________ Municipal Court located at: __________________________________________________________ at:
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
..............................................................................................................................................................................................................................
OFFICER'S RETURN
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by ____________________________________________
_______________________________________________________________________________________________.
___________________________________________
Peace Officer
224
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
ORDER
On this the ____day of ____________________, 20___, came to be considered the above-referenced matter. This Court,
having determined that it has jurisdiction over the subject matter in controversy and that venue was proper, heard the evidence, and
considered all pleadings on file with the Court, and having considered the same,
THIS COURT FINDS that Respondent(s), _________________________________________, as owner(s) of the following
described animal(s): ___________________________________________________________________________________________
____________________________________________________________________________________________________________
did not cruelly treat the animal(s), and therefore, IT IS ORDERED that the animal(s) be returned to the owner(s).
did cruelly treat the animal(s) by ____________________________________________________________________
_____________________________________________________________________ (describe the cruel treatment),
and IT IS THEREFORE ORDERED that said owner(s) be divested of ownership of said animal(s).
IT IS FURTHER ORDERED (check one)
that said animal(s) be sold by public auction, with the proceeds from the sale of the animal to be first applied
to the costs ordered below.
Optional: It is further ordered that the animal(s) be spayed or neutered at the cost of the receiving
party.
that said animal(s) be given to a municipal or county animal shelter or a nonprofit animal welfare
organization, namely ______________________________________________________________________
Optional: It is further ordered that the animal(s) be spayed or neutered at the cost of the receiving
party.
that as the Court finds that it is in the best interest of the animal or that the public health and safety would be
best served by doing so, that said animal(s) be humanely destroyed.
IT IS FURTHER ORDERED that the owner pay costs in the amount of $______________.
The Respondents have the right to appeal this Order divesting the owner of ownership to the (County Court) (County
Court at Law) of ________________________ County, Texas. The Court finds that the estimated costs likely to be incurred to
house and care for the impounded animal during the appeal process is $______________. It is therefore ORDERED that the
amount of bond necessary to perfect an appeal is $_______________ (sum of the ordered costs and costs likely to be incurred).
_________________________________________________
Judge, Municipal Court
Date
City _____________________________________________
_____________________________________County, Texas
225
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
Whereas, in the above-entitled and numbered cause, judgment was rendered against _____________________________
[owners name], former owner of _____________________________________________________________________________
[name/description of animal(s)], hereinafter, the animal(s), divesting ownership of
the animal(s) from
_____________________________ [owners name] and for court costs under Section 821.023, Health and Safety Code, in the
sum of $____________, from which judgment _________________________________ [owners name] desires to appeal to the
County Court (at Law) of _______________________________ County, Texas; and
Whereas, appellant desires to suspend execution of said judgment pending determination of such appeal;
I, as principal, am hereby depositing in cash in lieu of sureties with the Municipal Court the sum of
__________________________ dollars $_________ [amount of bond set by judge,]
WE, ___________________________ [name of appellant], as principal, and ____________________________
[either ______________________ (name of surety company), a corporate surety company duly qualified and authorized
to do business in Texas, or _______________________ (name) and _______________________ (name), two good and
sufficient sureties], as surety, acknowledge ourselves bound to pay to the Municipal Court, the sum of
__________________________dollars $_________ [amount of bond set by judge],
the estimated expenses incurred in housing and caring for the animal(s) while impounded during the appeal process, conditioned,
however, that the above-named principal shall prosecute the appeal with effect and shall pay off and satisfy:
(1) the judgment of court costs under Section 821.023, Health and Safety Code, that may be rendered against Appellant
on appeal, as well as
(2) the estimated expenses of housing and caring for the animal(s) during the appeal process, that may be rendered
against Appellant on appeal;
of which sum I am held and bound to the State of Texas.
The sum of ________________________ dollars ($__________) was deposited with the Court by (cash)(money order)(cashier's
check) and bond filed on the _____ day of _______________, 20___.
Witness our hands this the _____ day of _______________, 20___.
______________________________
________________________________________________________
Signature of Principal
______________________________
Mailing Address
________________________________________________________
Signature of Surety
______________________________
Mailing Address
________________________________________________________
Signature of Surety
Mailing Address
_____________________________________________
Judge, Municipal Court
City of__________________________________________
___________________________________ County, Texas
226
AFFIDAVIT FOR WARRANT TO SEIZE DOG THAT CAUSED SERIOUS BODILY INJURY OR DEATH (Sec. 822.002, H.S.C.)
STATE OF TEXAS
COUNTY OF
CITY
BEFORE ME, the undersigned authority, on this day personally appeared the affiant, who after being by me duly sworn, deposes
and makes the following statements and accusations:
Affiant, _____________________________________ (any person, including the county attorney, city attorney, or peace officer),
makes the following statements under Section 822.002, Health and Safety Code:
Affiant has good reason to believe and does believe that the below described dog has caused the death of, or serious bodily injury
to, a person by attacking, biting, or mauling him/her within the territorial limits of the City of ____________________,
___________________ County, Texas, with serious bodily injury defined as an injury characterized by severe bite wounds or
severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional
and would require hospitalization without regard to whether the person actually sought medical treatment.
My belief of the foregoing is based on the following facts:
(insert facts about what the affiant saw or knows)
The dog, described as one _______________________________________________ (description, including gender, breed, name)
currently located in the City of _________________________, ___________________ County, Texas at
_________________________________________________________________________________________ (location), which is
under the control of ___________________________________________________________________________ (name of owner)
caused the (death of) (serious bodily injury to) ______________________________________________________ (victims name)
by (attacking) (biting) (mauling) the person,
Wherefore, Affiant requests a warrant to seize said animal in accordance with Section 822.002, Health and Safety Code, and
requests that a hearing be set within 10 days in order to determine whether the dog caused the death of or serious bodily injury to a
person by attacking, biting, or mauling the person.
Signed on this the ___________ day of ______________________, 20__.
________________________________________
Affiant
Subscribed and sworn to before me the undersigned authority on this the ______ day of _____________________, 20___.
______________________________________________
Judge, Municipal Court
227
SEIZURE WARRANT FOR DOG THAT CAUSED SERIOUS BODILY INJURY OR DEATH (Sec. 822.002, H.S.C.)
______________________________
CITY OF __________________
__________COUNTY, TEXAS
TO THE ANIMAL CONTROL AUTHORITY FOR THE CITY OF ________________, TEXAS - GREETINGS:
Whereas, a sworn complaint has been filed with this Court, alleging that the below described dog has caused the death of,
or serious bodily injury to a person by attacking, biting, or mauling him or her within the territorial limits of the City of
_______________, ___________ County, Texas; and
Whereas, the Court has found, based on the statements and allegations contained in the affidavit sworn before the
undersigned judge, that probable cause exists to believe that the below described dog has caused serious bodily injury to or the
death of a person. The written affidavit, under oath, has been sworn before me by __________________________________
[name of Affiant] hereto attached and expressly made a part hereof, having stated facts and information sufficient to establish
probable cause for the issuance of this seizure warrant in accordance with Section 822.002, Health and Safety Code;
IT IS THEREFORE ORDERED, that the Animal Control Authority as designated by the City of _______________, or
another peace officer or other law enforcement agent so ordered by the Animal Control Authority under the laws of the State of
Texas SHALL ENTER UPON AND SEARCH the suspected place and premises described in said affidavit and to there verify
the presence of the below described dog and SHALL SEIZE the same.
IT IS FURTHER ORDERED that the dog shall be IMPOUNDED in secure and humane conditions until the Court
orders the disposition of the dog in accordance with Section 822.002, Health and Safety Code, in a hearing to determine whether
the dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling the person. The hearing shall be
held not later than 10th day after the date this warrant issues.
You are therefore commanded to forthwith enter and seize:
Dog Description (breed and color):
_________________________________________
_________________________________________
_________________________________________
HEREIN FAIL NOT, but make due service and return of this warrant, showing how you executed the same.
Signed this _____ day of _______________, 20__.
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by ____________________________________________
_______________________________________________________________________________________________.
___________________________________________
Peace Officer
ANIMAL HEARINGS 08/11
228
NOTICE OF HEARING FOR DOG THAT CAUSED SERIOUS BODILY INJURY OR DEATH (Sec. 822.003, H.S.C.)
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the above styled and numbered cause is set for hearing as provided by law, to
determine whether the above described dog caused the death of or serious bodily injury to a person by attacking, biting, or mauling
the person, in the City of ______________________________________________________________ Municipal Court located at:
______________________________________________________________________________________________________ at:
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
Editors Note: Notice must be given to (1) the owner of the dog or the person from whom the dog was seized; and (2) the
person who made the complaint. Sec. 822.003(a), H.S.C.
229
ORDER: DOG CAUSED SERIOUS BODILY INJURY OR DEATH (Sec. 822.003, H.S.C.)
______________________________
CITY OF __________________
__________COUNTY, TEXAS
ORDER
On this the ____day of ____________________, 20___, came to be considered the above-referenced matter. This Court, having determined
that it has jurisdiction over the subject matter in controversy and that venue was proper, heard the evidence, and considered all pleadings on file
with the Court, and having considered the same,
THIS COURT FINDS that the following described dog ______________________________________________________________,
caused the death of a person by attacking, biting, or mauling the person. IT IS THEREFORE ORDERED that said dog be
destroyed as authorized by Section 822.004, Health and Safety Code.
caused serious bodily injury, as defined by Section 822.001(2), Health and Safety Code, to a person by attacking, biting, or
mauling the person.
The Court further finds (check condition only if applicable):
that the dog was being used for the protection of a person or persons property, the attack, bite, or mauling occurred
in an enclosure in which the dog was being kept; and the enclosure was reasonably certain to prevent the dog from
leaving the enclosure on its own and provided notice of the presence of a dog, and the injured person was at least 8
years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred.
that the dog was not being used for the protection of a person or persons property, the attack, bite, or mauling
occurred in an enclosure in which the dog was being kept, and the injured person was at least 8 years of age and was
trespassing in the enclosure when the attack, bite, or mauling occurred.
that the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer
was using the dog for law enforcement purposes.
that the dog was defending a person from an assault or a persons property from damage or theft by the injured
person.
that the injured person was younger than 8 years of age, the attack, bite, or mauling occurred in an enclosure in
which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than 8 years of age
from entering.
IT IS THEREFORE ORDERED (check one)
that said dog be destroyed as authorized by Section 822.004, Health and Safety Code (if none of the above
conditions exist).
that as a condition exists that prohibits the Court from ordering destruction, said dog be released to its owner; the
person from whom the dog was seized; or any other person authorized to take possession of the dog.
that said dog be released to its owner; the person from whom the dog was seized; or any other person authorized to
take possession of the dog.
did not cause the death of or serious bodily injury to a person by attacking, biting, or mauling the person. IT IS
THEREFORE ORDERED that said dog be released to its owner; the person from whom the dog was seized; or any other
person authorized to take possession of the dog.
_________________________________________________
Judge, Municipal Court
Date
City _____________________________________________
_____________________________________County, Texas
230
STATE OF TEXAS
COUNTY OF
CITY
The City Council for the City of ______________________ has adopted an ordinance electing to be governed by Section
822.0422, Health and Safety Code. As such, any person may report an incident as described below to the municipal court.
BEFORE ME, the undersigned authority, on this day personally appeared the affiant, who after being by me duly sworn, deposes
and makes the following statements and accusations under Section 822.0422, Health and Safety Code:
I have good reason to believe and do believe that the below described dog:
made an unprovoked attack on a person that caused bodily injury and occurred in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
committed unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably
certain to prevent the dog from leaving the enclosure on its own and those acts caused a person to reasonably believe that
the dog will attack and cause bodily injury to that person.
My belief of the foregoing is based on the following facts:
(insert facts about what the affiant saw or knows)
The dog, described as one _______________________________________________ (description, including gender, breed, name)
is currently located in the City of _________________________, ___________________ County, Texas at
_________________________________________________________________________________________ (location), which is
under the control of __________________________________________________________________________ (name of owner).
Wherefore, Affiant requests the Court set a time for a hearing to determine whether the above described dog is a dangerous dog, as
defined by Section 822.041(2), Health and Safety Code. Furthermore, if the owner of the above described dog does not deliver the
dog to the animal control authority as ordered by this Court, Affiant requests a warrant be issued to seize said dog in accordance
with Section 822.0422, Health and Safety Code.
______________________________________________
(Judge)(Clerk)(Deputy Clerk), Municipal Court
231
______________________________
CITY OF __________________
__________COUNTY, TEXAS
Pursuant to Section 822.0422(b), the owner of said dog shall deliver the dog to the Animal Control Authority for the City
of _______________________ not later than the fifth day after the date on which the owner receives this notice that a report has
been filed.
If the owner fails to deliver the dog as required, this Court shall order the Animal Control Authority to seize the dog and
shall issue a warrant authorizing the seizure. The owner will be required to pay any cost incurred in seizing the dog.
The Animal Control Authority shall provide for the impoundment of the dog in secure and humane conditions until this
Court orders the disposition of the dog in a hearing to be held not later than the 10th day after the date on which the dog is
delivered or seized. The hearing will be held to determine whether said dog is a dangerous dog as defined above. You will be
mailed notice of the hearing date once the dog is in custody of the Animal Control Authority.
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
232
______________________________
CITY OF __________________
__________COUNTY, TEXAS
TO THE ANIMAL CONTROL AUTHORITY FOR THE CITY OF ________________, TEXAS - GREETINGS:
Whereas, a sworn complaint has been filed with this Court, alleging that the below described dog is a dangerous dog as
defined by Section 822.041(2), Health and Safety Code; and
Whereas, the Court has found, that the owner of said dog was notified that the complaint was filed with this Court and
was ordered to deliver the dog to the Animal Control Authority not later than the fifth day after the date on which the owner
received notice that the report was filed; and as of the date of the issuance of this warrant, being at least five days after the date on
which the owner received such notice, the owner has failed to deliver the dog as required by Section 822.0422(b), Health and
Safety Code,
IT IS THEREFORE ORDERED, that the Animal Control Authority as designated by the City of _______________, or
another peace officer or other law enforcement agent so ordered by the Animal Control Authority under the laws of the State of
Texas SHALL ENTER UPON AND SEARCH the suspected place and premises as described below and to there verify the
presence of the below described dog and SHALL SEIZE the same.
IT IS FURTHER ORDERED that the dog shall be IMPOUNDED in secure and humane conditions until the Court
orders the disposition of the dog in accordance with Section 822.0423, Health and Safety Code, in a hearing to determine whether
the dog is a dangerous dog, to be held not later than the 10th day after the date on which the dog is seized.
You are therefore commanded to forthwith enter and seize:
Dog Description (breed and color):
_________________________________________
_________________________________________
_________________________________________
The owner shall pay any cost incurred in seizing the dog.
HEREIN FAIL NOT, but make due service and return of this warrant, showing how you executed the same.
Signed this _____ day of _______________, 20__.
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by ____________________________________________
_______________________________________________________________________________________________.
___________________________________________
Peace Officer
ANIMAL HEARINGS 08/11
233
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the above styled and numbered cause is set for hearing as provided by law, in the
City of _______________ Municipal Court located at: __________________________________________________________ at:
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
Editors Note: Notice must be given to (1) the owner of the dog or the person from whom the dog was seized; and (2) the
person who made the complaint. Sec. 822.0423(b), H.S.C.
234
DANGEROUS DOG JUDGMENT (Secs. 822.042, 822.0422, and 822.0423, H.S.C.) (Page 1 of 2)
CAUSE NUMBER: _______________
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
ORDER
On this the ____day of ____________________, 20___, came to be considered the above-referenced matter. This Court, having determined
that it has jurisdiction over the subject matter in controversy and that venue was proper, heard the evidence, and considered all pleadings on file
with the Court, and having considered the same,
THIS COURT FINDS that the dog described as a ____________________________________________ (gender and breed) dog owned
by ________________________________________ (name of owner) and known as ______________________ (name of dog)
is a dangerous dog, as that term is defined by Section 822.041(2), Health and Safety Code, in that the dog has been found to have
made an unprovoked attack on a person that caused bodily injury and occurred in a place other than an enclosure in
which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
committed unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably
certain to prevent the dog from leaving the enclosure on its own and those acts caused a person to reasonably believe that
the dog will attack and cause bodily injury to that person.
(if this is an appeal from an animal control determination) IT IS THEREFORE ORDERED that the administrative
determination of the City of _______________ Animal Control Officer be upheld in that respect.
Owner, _____________________________________, hereby learns he/she is the owner of a dangerous dog.
IT IS FURTHER ORDERED that _____________________________ (name of owner) shall be required to register the
dangerous dog named ______________________ (name of dog) with the City of _________________ Animal Control
Authority. The dog shall be registered annually.
IT IS FURTHER ORDERED that _____________________________ (name of owner) shall be required to restrain the
dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure, defined as a fenced area or
structure that is locked; capable of preventing the entry of the general public, including children; capable of preventing the escape
or release of a dog; clearly marked as containing a dangerous dog; and in conformance with the requirements for enclosures
established by the City of _______________ local Animal Control Authority and by city ordinance.
IT IS FURTHER ORDERED that _____________________________ (name of owner) shall obtain and maintain liability
insurance coverage or show financial responsibility in an amount not less than One Hundred Thousand and 00/100 Dollars
($100,000.00) to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person.
IT IS FURTHER ORDERED that _____________________________ (name of owner) shall comply will all applicable
municipal regulation, requirements, or restrictions on dangerous dogs, including: _______________________________________
________________________________________________________________________________________________________.
If the owner sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move,
shall notify the Animal Control Authority for the area in which the new address is located.
The owner shall notify the Animal Control Authority with which the dangerous dog was registered of any attacks the
dangerous dog makes on people.
235
DANGEROUS DOG JUDGMENT (Secs. 822.042, 822.0422, and 822.0423, H.S.C.) (Page 2 of 2)
IT IS FURTHER ORDERED that _____________________________ (name of owner) must comply with the above
requirements not later than the 30th day after the date of this judgment. If the owner does not comply by the ______ day of
___________________, 20___, the owner shall deliver the dangerous dog to the Animal Control Authority, or a warrant for the
seizure of the dog shall be issued. The owner shall pay any cost or fee assessed by the City of ______________________ related
to the seizure, acceptance, impoundment, or destruction of the dog.
Signed this _____ day of _________________, 20__.
(municipal court seal)
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
236
STATE OF TEXAS
COUNTY OF
CITY
BEFORE ME, the undersigned authority, on this day personally appeared the affiant, who after being by me duly sworn, deposes
and makes the following statements and accusations under Section 822.042, Health and Safety Code:
I have good reason to believe and do believe the following:
The dog, described as one _______________________________________________ (description, including gender, breed, name)
is currently located in the City of _________________________, ___________________ County, Texas at
_________________________________________________________________________________________ (location), which is
under the control of __________________________________________________________________________ (name of owner)
is a dangerous dog as that term is defined in Section 822.041(2), Health and Safety Code.
Owner(s), ____________________________________________, have failed to comply with the Health and Safety Code, to wit:
Section 822.042, Subparagraph (a), which states, in pertinent part:
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1)
(2)
(3)
(4)
Register the dangerous dog with the animal control authority for the area in which the dog is kept;
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure
enclosure;
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000 to
cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial responsibility to the animal control
authority for the area in which the dog is kept; and
Comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
Wherefore, Affiant requests the Court set a time for a hearing not later than the 10th day after the date of this application to
determine whether the owner of the dog has complied with Section 822.042, Health and Safety Code.
Signed on this the ___________ day of ______________________, 20__.
________________________________________
Affiant
Subscribed and sworn to before me the undersigned authority on this the ______ day of _____________________, 20___.
______________________________________________
(Judge)(Clerk)(Deputy Clerk), Municipal Court
237
IN RE:
______________________________
CITY OF __________________
__________COUNTY, TEXAS
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, that the above styled and numbered cause is set for hearing as provided by law, in the
City of _______________ Municipal Court located at: __________________________________________________________ at:
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
Editors Note: Notice must be given to (1) the owner of the dog or the person from whom the dog was seized; and (2) the
person who made the complaint. Sec. 822.0423(b), H.S.C.
238
DANGEROUS DOG JUDGMENT: OWNER FAILED TO COMPLY (Secs. 822.042, and 822.0423, H.S.C.)
______________________________
CITY OF __________________
__________COUNTY, TEXAS
JUDGMENT
On this the ____day of ____________________, 20___, came to be considered the above-referenced matter. This Court, having determined
that it has jurisdiction over the subject matter in controversy and that venue was proper, heard the evidence, and considered all pleadings on file
with the Court, and having considered the same,
THIS COURT FINDS that the dog described as a ____________________________________________ (gender and breed)
dog owned by ________________________________________ (name of owner) and known as ______________________
(name of dog) is a dangerous dog, as that term is defined by Section 822.041(2), Health and Safety Code, and that Owner,
_____________________________________, has failed to comply with the requirements for the owner of a dangerous dog under
Section 822.042, Health and Safety Code.
Specifically, Owner has failed to comply with the following requirement set out in the Order Declaring the Dog a
Dangerous Dog, entered on the _____ day of ________________________, 20___: _____________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
________________________________________________________________________________________________________.
IT IS HEREBY ORDERED that the Animal Control Authority for the City of _______________ seize the dangerous
dog and provide for the impoundment of the dog in secure and humane conditions until the Court orders disposition of the dog.
If the Owner has not complied with the requirements for owning a dangerous dog, as ordered by the Court and required
under Section 822.042, Health and Safety Code, by the 11th day after the date on which the dog is seized or delivered, the dog shall
be humanely destroyed.
If the Owner does comply with the requirements for owning a dangerous dog by the 11th day after the date on which the
dog is seized or delivered, the Animal Control Authority with custody of the dog shall return the dog to the Owner.
IT IS FURTHER ORDERED that the owner shall pay any cost or fee assessed by the City of
______________________ related to the seizure, acceptance, impoundment, or destruction of the dog.
Signed this _____ day of _________________, 20__.
(municipal court seal)
________________________________________
Judge, Municipal Court
City of __________________________________
____________________________ County, Texas
...............................................................................
The Court finds the dangerous dog was seized by animal control on the _____ day of _______________, 20____.
It is hereby ORDERED that the dog be destroyed, as the Owner has not complied with the requirements for owning a
dangerous dog, and it is at least 11 days following the date of seizure.
It is hereby ORDERED that the dog be returned to the Owner, as the Owner has complied with the requirements as ordered.
____________________________________________
Judge, Municipal Court
Date: _______________________________________
ANIMAL HEARINGS 08/11
239
SEIZURE WARRANT FOR DANGEROUS DOG: OWNER FAILED TO COMPLY (Sec. 822.042, H.S.C.)
______________________________
CITY OF __________________
__________COUNTY, TEXAS
TO THE ANIMAL CONTROL AUTHORITY FOR THE CITY OF ________________, TEXAS - GREETINGS:
Whereas, after a hearing under Section 822.0423, Health and Safety Code, this Court has found that Owner,
_________________________________________
_________________________________________
_________________________________________
The owner shall pay any cost incurred in seizing the dog.
HEREIN FAIL NOT, but make due service and return of this warrant, showing how you executed the same.
Signed this _____ day of _______________, 20__.
Came to hand the _____ day of _______________, 20__, at ________ o'clock ___.m. and executed on the _____ day
of _______________, 20__, at __________ o'clock ___.m. by ____________________________________________
_______________________________________________________________________________________________.
___________________________________________
Peace Officer
240
FINANCIAL
MANAGEMENT &
COURT
ADMINISTRATION
PAYMENT RECEIPT
VS.
CITY OF _________________
_____________________
Date: _______________
Your (partial) (full) payment of $_____________________________ for the above mentioned Cause or Citations
Number(s) has been received.
(The remaining balance due is $___________________________.)
241
NAMES
TIME
Year
Month
Day
Hour
MILEAGE
Min.
__.m.
Dollars
Cents
______________________________________
Peace Officer's Signature
Editors Note: This chart can be used for the officer to record mileage for service of a warrant, capias, capias pro fine, summons, parental
summons, subpoena, juror summons, or other process not specifically named.
242
It is a crime to
intentionally or
knowingly file a
fraudulent court
record or
fraudulent
instrument with
the Clerk.
FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/11
243
Es un delito grave
registrar
intencionalmente o
a sabiendas un
documento o un
instrumento
fraudulento con el
actuario del tribunal.
FINANCIAL MANAGEMENT & COURT ADMINISTRATION 08/11
244
RULE 12 LETTER
Date: _______________________________
Name: ______________________________
Address: ____________________________
City, State, Zip Code: _________________
Re: Response to Request for Public Access to Judicial Records
Dear ___________________,
I am in receipt of your request to inspect judicial records dated _________________________________. This letter was
received by the City of __________________ Municipal Court on _________________. It is my understanding that you are
making a request for judicial records pursuant to Rule 12 of the Texas Rules of Judicial Administration. In your letter, you
requested:____________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
Your request seeks records that are not subject to Rule 12 and, by definition, are not judicial records. Rule 12 expressly
states:
Judicial record means a record made or maintained by or for a court or judicial agency in its regular course of
business but not pertaining to its adjudicative function, regardless of whether that function relates to a specific
case. A record of any nature created, produced, or filed in connection with any matter that is or has been before
a court is not a judicial record.
Pursuant to Rule 12.9, Texas Rules of Judicial Administration, you have the right to appeal my decision. If you wish to do so,
please direct your timely appeal to:
Administrative Director
Office of Court Administration
P.O. Box 12066
Austin, TX 78701
Although it is my determination that the Public Access to Judicial Records (Rule 12) does not apply to the records you
requested, you may have a right to inspect the records under the common law right of the public to inspect court records. However,
there are some exceptions.
If you wish to make a request under the common law right, you may contact the Court to set a time for the inspection. The
Clerk responsible for processing these requests is ____________________________ (name) and can be contacted at
_________________________________________________________________________________________________________
_________________ (address and telephone number).
Sincerely,
____________________________________
Judge, Municipal Court
City of ______________________________
245
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
ORDER OF (RECUSAL)(DISQUALIFICATION)
___________________________
Judge, Municipal Court
City of _____________________
Editors Note: The grounds for recusal are stated in the Texas Rule of Civil Procedure 18b.
246
ORDER OF REFERRAL UPON MOTION FOR RECUSAL OR DISQUALIFICATION (Sec. 29.055(c), G.C.)
STATE OF TEXAS
VS.
CITY OF __________________
__________COUNTY, TEXAS
_____________________
Pursuant to Section 29.055(c), Government Code, the undersigned Judge hereby refers the attached
Motion
to
Recuse
or
Disqualify
filed
in
the
above-numbered
cause
to
the
Honorable
___________________________
Judge, Municipal Court
City of _____________________
Editors Note: The judge shall forward to the Regional Presiding Judge either the original or certified copy of this Order
of Referral, the verified Motion to Recuse/Disqualify filed under Section 29.052, G.C., and any statements filed either
opposing or concurring with the motion under Section 29.054, G.C.
247
GOVERNMENT
& AGENCY
FORMS
GOVERNMENT &
AGENCY FORMS
Table of Contents
Office of Court Administration
Official Municipal Court Monthly Report .....................................................................248
Report of Change or Vacancy in Judge/Clerk/Mayor Position ......................................253
Municipal Court Security Incident Report .....................................................................254
Department of Public Safety
Application for Copy of Driver Record .......................................................................255
DR-18: Notice of Final Conviction for Traffic Law Violation (Misdemeanor).............257
DIC-81: Notice of Violation Notice of Restoration Minors License Only Failure to
Appear Failure to Pay Fine.........................................................................................258
DIC-15: Notice of Conviction and Suspension/Disqualification ...................................259
DIC-21: Notice of Suspension-Violation of License or Certificate Provision ...............260
DPS Correction Form ....................................................................................................261
Nonresident Violator Compact: Notice of Failure to Comply with Terms of Citation ..262
Comptroller of Public Accounts
Quarterly Report: State Criminal Costs and Fees ..........................................................268
Child Safety Seat and Seatbelt Fines .............................................................................269
Excess Highway Fines ...................................................................................................270
Photographic Enforcement Systems ..............................................................................271
State Bar of Texas
State Bar of Texas Attorney Grievance Form ................................................................272
State Bar of Texas Attorney Grievance Form-Spanish ..................................................278
State Commission on Judicial Conduct
State Commission on Judicial Conduct Complaint Form ..............................................284
State Commission on Judicial Conduct Complaint Form-Spanish ................................286
Editors Note: For the form, instructions on completing the form, to submit electronically, and read FAQs on the new
monthly report, visit www.courts.state.tx.us/oca/required.asp.
248
249
250
251
252
Appointed
Email:
Phone:
Vacated position
Name:
Position:
City/Court:
Date vacated:
Return by mail to the attention of Judicial Information at the address listed above, fax to the number listed above, OR
email to [email protected].
253
Editors Note: To download this form, view instructions on completing this form, to submit the report online, or to
view summaries of submitted reports, visit www.courts.state.tx.us/oca/required.asp#security.
254
255
256
DR-18
Middle
Last
Address
City
CDL SSN:
CMV CDL
Date of Birth
Sex
Placarded Vehicle
Race
State
Year
Other Violation
DATE COMPLETED DRIVING SAFETY COURSE
Date violation committed
(Code: 3400)
Date Convicted
Judgment: Guilty
Arrested by Officer:
Court: Municipal Justice of the Peace, Precinct _____ Place _________ City ____________________________, Texas
Other Court
Search of Vehicle: Yes
No
No
DR-18 (Rev. 1/02)
CLERK
257
DIC-81
(FIRST)
(MIDDLE)
ADDRESS
(LAST)
CITY
(Zip Code)
DRIVER LICENSE #
ID # OR NONE
DATE OF
BIRTH
RACE
OFFENSE COMMITTED
SEX
VIOLATION COMMITTED
Check One
FAIL TO APPEAR
FAIL TO PAY FINE
COURT
PRECINCT
PLACE
CAUSE #
CITY
COUNTY
TELEPHONE NO. (
THIS IS TO CERTIFY THAT THE ABOVE NAMED INDIVIDUAL HAD MADE FINAL DISPOSITION OF THE CASE ON
. THIS SECTION TO BE COMPLETED UPON FINAL DISPOSITION ONLY.
(DATE)
CERTIFIED BY
SIGNATURE
TITLE
DIC-81 (Rev. 9/95)
258
DIC-15
NAME
(FIRST)
(MIDDLE)
(LAST)
ADDRESS
DRIVER LICENSE #
ID # OR NONE
DATE OF
BIRTH
RACE
SEX
OFFENSE COMMITTED
DATE OFFENSE COMMITTED
DISPOSITION DATE
NO
YES
EMPLOYER
(IF CONVICTED OF VIOLATING OUT OF SERVICE ORDER)
BEGINNING DATE
CERTIFIED BY
SIGNATURE
COURT
MAIL TO:
ENDING DATE
TITLE
CAUSE #
COUNTY
259
DIC-21
(MIDDLE)
(LAST)
ADDRESS
CITY
, TEXAS
(Zip Code)
DRIVER LICENSE #
ID # OR NONE
DATE OF
BIRTH
RACE
SEX
OFFENSE COMMITTED
DATE OFFENSE COMMITTED
DISPOSITION DATE
NO
YES
EMPLOYER
(IF CONVICTED OF VIOLATING OUT OF SERVICE ORDER)
ENDING DATE
CERTIFIED BY
SIGNATURE
TITLE
COURT
PRECINCT
PLACE
CAUSE #
CITY
COUNTY
(FORMERLY DL-21) DIC-21 (REV. 10/90)
260
261
STATE OF
You have failed to respond to the citation described in this notice by appearing in court,
entering a plea and/or paying the fine within the prescribed time limit. Failure to appear or
remit the fine to the court within 15 days from the date shown in the lower right corner of this
notice will result in notifying the licensing authority in your state to suspend your drivers
license until you respond or the fine has been paid.
TEXAS
Nonresident
Violator Compact
CITATION NO.
VIOLATION DATE
DESCRIPTION OF VIOLATION
NAME
LAST
STATE
FIRST
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
LOCATION OF VIOLATION
SECTION VIOLATED
APPEARANCE DATE
NAME OF COURT
MAILING ADDRESS
CITY
CITY
STATE
PLATE NUMBER
STATE
ZIP CODE
STATE
TELEPHONE NUMBER
AUTHORIZED BY
ZIP CODE
CASE NUMBER
DATE
DEFENDANTS NOTICE
Editors Note: DPS no longer provides the carbon copy six-part form. Courts can
modify this form, but it should be designed in accordance with the format shown.
262
STATE OF
MAIL TO:
DRIVER IMPROVEMENT & CONTROL
TEXAS DEPT. OF PUBLIC SAFETY
P.O. BOX 4087
AUSTIN, TEXAS 78773
TEXAS
Nonresident
Violator Compact
NOTICE OF SUSPENSION
(Failure to Respond to Citation, Appear in Court, or Pay Fine)
The defendant has failed to respond to a citation or pay a fine for the violation described
herein within the prescribed time limit. Initiate action to suspend the defendants drivers
license in accordance with the provisions of the Nonresident Violator Compact.
CITATION NO.
VIOLATION DATE
LOCATION OF VIOLATION
DESCRIPTION OF VIOLATION
NAME
LAST
SECTION VIOLATED
STATE
FIRST
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
CITY
STATE
STATE
ZIP CODE
AUTHORIZED BY
DATE
263
STATE OF
MAIL TO:
DRIVER IMPROVEMENT & CONTROL
TEXAS DEPT. OF PUBLIC SAFETY
P.O. BOX 4087
AUSTIN, TEXAS 78773
TEXAS
Nonresident
Violator Compact
NOTICE OF SUSPENSION
(Failure to Respond to Citation, Appear in Court, or Pay Fine)
The defendant has failed to respond to a citation or pay a fine for the violation described
herein within the prescribed time limit. Initiate action to suspend the defendants drivers
license in accordance with the provisions of the Nonresident Violator Compact.
CITATION NO.
VIOLATION DATE
DESCRIPTION OF VIOLATION
NAME
LAST
STATE
FIRST
LOCATION OF VIOLATION
SECTION VIOLATED
APPEARANCE DATE
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
CITY
STATE
REGIS.(TAG) NO.
STATE
ZIP CODE
AUTHORIZED BY
DATE
264
IMPORTANT
STATE OF
TEXAS
Nonresident
Violator Compact
Receipt is hereby acknowledge for payment of $ ______________________ covering the fine and
costs for the violation described herein.
Authorized Signature ________________________________________________________
Date _____________________________________________________________________
CITATION NO.
VIOLATION DATE
DESCRIPTION OF VIOLATION
NAME
LAST
STATE
FIRST
LOCATION OF VIOLATION
SECTION VIOLATED
APPEARANCE DATE
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
CITY
REGIS.(TAG) NO.
STATE
STATE
ZIP CODE
AUTHORIZED BY
DATE
DEFENDANT RECEIPT
265
MAIL TO:
DRIVER IMPROVEMENT & CONTROL
TEXAS DEPT. OF PUBLIC SAFETY
P.O. BOX 4087
AUSTIN, TEXAS 78773
STATE OF
TEXAS
Nonresident
Violator Compact
CITATION NO.
VIOLATION DATE
DESCRIPTION OF VIOLATION
NAME
LAST
STATE
FIRST
LOCATION OF VIOLATION
SECTION VIOLATED
APPEARANCE DATE
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
CITY
STATE
PLATE NUMBER
STATE
ZIP CODE
AUTHORIZED BY
DATE
266
STATE OF
TEXAS
Nonresident
Violator Compact
COURT RECORD
A payment has been made in the amount of $ ______________________ covering the fine and
costs for the violation described herein.
Authorized Signature ________________________________________________________
Date _____________________________________________________________________
CITATION NO.
VIOLATION DATE
DESCRIPTION OF VIOLATION
NAME
LAST
STATE
FIRST
LOCATION OF VIOLATION
SECTION VIOLATED
APPEARANCE DATE
DATE OF BIRTH
MIDDLE
SEX
STREET ADDRESS
CITY
STATE
PLATE NUMBER
STATE
ZIP CODE
AUTHORIZED BY
DATE
COURT COPY
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wyoming
267
268
269
270
271
272
273
274
275
276
Editors Note: For instructions on completing this form or to download the form, go to
www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint&Template=/CM/HTMLDisplay.cfm&ContentID
=15451
277
278
279
280
281
282
Editors Note: For instructions on completing this form or to download the form, go to
www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint&Template=/CM/HTMLDisplay.cfm&ContentID
=15451
GOVERNMENT & AGENCY FORMS 08/11
283
284
Editors Note: For information on filing a complaint and to get the complaint form, go to www.scjc.state.tx.us/.
285
286
Editors Note: For information on filing a complaint and to get the complaint form, go to www.scjc.state.tx.us/.
287
SAMPLE
ORDINANCES
SAMPLE ORDINANCES
Table of Contents
Sample Ordinance Municipal Court Building
Security Fund................................................................... 288
Sample Ordinance Municipal Court
Technology Fund ............................................................. 290
Sample Ordinance Municipal Court
Juvenile Case Manager Fund ........................................... 292
Editors Note: These sample ordinances are provided for the benefit of
city attorneys and prosecutors. Drafting an ordinance is a legislative
function. Accordingly, members of the judiciary should not engage in
such an activity.
SAMPLE ORDINANCE MUNICIPAL COURT BUILDING SECURITY FUND (Art. 102.017, C.C.P.) (Page 1 of 2)
SECTION 1: That Chapter ___________, Section ___________, of the Code of Ordinances, of ______________________, Texas
is to read as follows:
A. Municipal Court Building Security Fund.
1.
There is hereby created and established a Municipal Court Building Security Fund (the Fund) pursuant to Article
102.017 of the Code of Criminal Procedure.
2.
The Municipal Court of the __________________ (City) of ______________________, Texas (the Municipal
Court) is hereby authorized and required to assess a Municipal Court Building Security Fee (the Fee) in the
amount of $3.00 against all Defendants convicted of a misdemeanor offense by the Municipal Court. Each
misdemeanor conviction shall be subject to a separate assessment of the Fee.
3.
4.
The Fee shall be collected on convictions for offenses committed on or after this ordinance is adopted.
5.
The Municipal Court Clerk is hereby authorized and required to collect the Fee and to pay same to the treasury of the
_________________ (City) of ______________________, Texas. All Fees so collected and paid over to the treasury
of the __________________ (City) of _______________________, Texas shall be segregated in the Fund.
6.
The Fund shall be used only for the purpose of financing the purchase of security devices and/or services for the
building or buildings housing the Municipal Court of the City of _____________________, Texas. Security devices
and/or services shall include any and all items described in Article 102.017(d-1) of the Code of Criminal Procedure.
7.
The
Fund
shall
be
administered
by
or
under
the
direction
of
the
City
Council
of
the
*Fee may only be assessed and collected on offenses occurring on or after August 28, 1995. The Fee may not be assessed or
collected retroactively if the Fund is established at a later date than August 28, 1995.
SECTION 2: If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any
person or set of circumstances is for any reason held to be unconstitutional, void, or invalid (for any reason unenforceable), the
validity of the remaining portions of this ordinance or the application to such other persons or sets of circumstances shall not be
affected thereby, it being the intent of the City Council of the _____________________ (City) of ______________________,
Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any
reason of unconstitutionality or invalidity of any other portion or provision.
288
SAMPLE ORDINANCE MUNICIPAL COURT BUILDING SECURITY FUND (Art. 102.017, C.C.P.) (Page 2 of 2)
SECTION 3: All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict.
SECTION 4: This ordinance shall be published and become effective in accordance with state law.
READ, CONSIDERED, PASSED, AND APPROVED ON FIRST READING by the City Council at a regular meeting the ___ day
of ________________ 20___, at which a quorum was present.
READ, CONSIDERED, PASSED, AND APPROVED ON SECOND AND FINAL READING by the City Council at a regular
meeting the ___ day of ________________ 20___, at which a quorum was present.
PASSED, APPROVED, and ADOPTED on the ____ day of ________________, 20___.
______________________________
City Secretary
_________________________________________
Mayor
Editors Note: This sample ordinance is provided for the benefit of city attorneys and
prosecutors. Drafting an ordinance is a legislative function. Accordingly, members of the
judiciary should not engage in such an activity.
State law does not require, nor authorize, general-law municipalities to have a second
reading. Thus, whether a second and final reading is required will depend on the type of
municipality. Specific rules relating to the style, approval, and publication of ordinances in
general-law or home-rule municipalities can be found in Chapters 51, 52, and 53, L.G.C.
289
SAMPLE ORDINANCE MUNICIPAL COURT TECHNOLOGY FUND (Art. 102.0172, C.C.P.) (Page 1 of 2)
The Fund shall be administered by or under the direction of the ________________________ (City Council) of the
_____________________ (City) of _________________, Texas.
290
SAMPLE ORDINANCE MUNICIPAL COURT TECHNOLOGY FUND (Art. 102.0172, C.C.P.) (Page 2 of 2)
SECTION 4: Severability
If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set
circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the
remaining portions of this ordinance of the application thereby shall remain in effect, it being the intent of the City Council of the
_______________________ (City) of ______________________, Texas in adopting this ordinance, that no portion thereof or
provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or
provision.
SECTION 5: Repealing Conflict
All ordinances and parts of ordinances in conflict with the ordinance are hereby repealed to the extent of conflict with this
ordinance.
SECTION 6: Publishing and Effective Date
This ordinance shall be published in accordance with the requirement of publishing all ordinances and becomes effect in
accordance with state law upon passage, but no earlier that September 1, 1999.
SECTION 7: Administration of Fund
The purpose of the use of any funds remaining in the fund shall continue to be used and administered as required by this ordinance
and for that purpose this ordinance remains in effect.
Passed, Approved, and Adopted on this the ____________ day of _____________, 20____.
______________________________
City Secretary
_________________________________________
Mayor
Editors Note: This sample ordinance is provided for the benefit of city attorneys and
prosecutors. Drafting an ordinance is a legislative function. Accordingly, members of the
judiciary should not engage in such an activity.
Whether a second and final reading is required will depend on the type of municipality.
Specific rules relating to the style, approval, and publication of ordinances in general-law
or home-rule municipalities can be found in Chapters 51, 52, and 53, L.G.C.
291
SAMPLE ORDINANCE - JUVENILE CASE MANAGER FUND (Art. 102.0174, C.C.P.) (Page 1 of 2)
WHEREAS, Section 102.0174 of the Code of Criminal Procedure authorizes municipalities, by ordinance, to create a "juvenile
case manager fund" (the "Fund") requiring defendants convicted of fine-only misdemeanor offenses to pay a case manager fee not
to exceed five dollars ($5.00) into such Fund, as a cost of court, if the municipality employs a juvenile case manager, and
providing the purposes for which the Fund may be used;
BE IT ORDAINED BY THE City Council_______________ (City) OF _______________ TEXAS:
SECTION 1: That Chapter _______, Section ________, of the Code of Ordinances is hereby added and shall read as follows:
JUVENILE CASE MANAGER FEE AND FUND.
A.
There is hereby created a Juvenile Case Manager Fee (the Fee), as authorized by Articles 102.0174 and
45.056 of the Texas Code of Criminal Procedure. The Fee shall be in the amount of $___ (not to exceed five
(5) dollars).
B. Except as otherwise herein provided, a defendant who is convicted of a fine-only misdemeanor offense in
Municipal Court shall pay the Fee as a cost of court. A person is considered convicted of an offense if:
the court defers final disposition or imposition of the judgment and sentence.
C. The Municipal Judge may waive the Fee in cases of demonstrated financial hardship on the part of a
convicted defendant if the defendant is indigent, has insufficient resources or income to pay the fee, or is
otherwise unable to pay all or part of the underlying fine or costs.
D. All Fees collected by the Municipal Court shall be deposited into the Juvenile Case Manager Fund (the
Fund) established under this ordinance.
E. The Fund may be used only to finance the salary, benefits, training, travel expenses, office supplies, and
other necessary expenses relating to the position of a juvenile case manager that is employed by the
Municipal Court under Article 45.056(a) of the Code of Criminal Procedure. The Fund may not be used to
supplement the income of an employee whose primary role is not that of a juvenile case manager.
SECTION 2: The City Council of the _____________ (City), of ______________________ Texas hereby authorizes the
Municipal Court to employ one or more full-time or part-time juvenile case managers to provide services in cases
involving juvenile offenders before the Court consistent with the Court's statutory powers.
292
SAMPLE ORDINANCE - JUVENILE CASE MANAGER FUND (Art. 102.0174, C.C.P.) (Page 2 of 2)
SECTION 3: If any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any
person or set of circumstances, for any reason is held to be unconstitutional, void or invalid, or for any reason unenforceable, the
validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City
Council of the_____________ (City), of ________________________ Texas in adopting this ordinance, that no portion thereof or
provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or
provision.
SECTION 4: This ordinance shall be published and become effective in accordance with state law.
PASSED AND APPROVED on First Reading on the _____ day of ______________, 20___.
PASSED, APPROVED, AND ADOPTED on Second Reading on the ____ day of _____________, 20___.
______________________________
City Secretary
_________________________________________
Mayor
Editors Note: This sample ordinance is provided for the benefit of city attorneys and
prosecutors. Drafting an ordinance is a legislative function. Accordingly, members of the
judiciary should not engage in such an activity.
State law does not require, nor authorize, general-law municipalities to have a second
reading. Thus, whether a second and final reading is required will depend on the type of
municipality. Specific rules relating to the style, approval, and publication of ordinances in
general-law or home-rule municipalities can be found in Chapters 51, 52, and 53, L.G.C.
293
PROSECUTOR
FORMS
PROSECUTOR FORMS
Table of Contents
Prosecutors Admonishment.................................................. 294
Waiver of Right to be Prosecuted by Complaint ................... 295
Sentence Recommendation in Exchange for Waiver
of Appeal ............................................................................ 296
Motion for Recusal/Disqualification of Judge....................... 297
Motion for Continuance......................................................... 298
Motion and Order to Dismiss ................................................ 299
Writ of Procedendo: Joint Application .................................. 300
Writ of Procedendo: State Application .................................. 301
PROSECUTORS ADMONISHMENT
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
You can discuss whether you are pleading guilty, not guilty, or no contest to the charge(s) against you;
You can explain your side of the story if you wish to do so;
The prosecutor can explain various sentencing options including deferred disposition, driving safety courses, community
service, jail credit for time served, and payment plans; and
The prosecutor can explain trial procedures in the ______________ Municipal Court if you should desire a trial.
I acknowledge that I have been made aware of my rights as a defendant, my rights have been fully explained to me, and I understand my
rights. I have also been told of the nature of the prosecutors conference. Having been informed of my rights, I knowingly and
voluntarily agree / decline (circle one) to discuss my case with the prosecutor.
294
STATE OF TEXAS
VS.
CITY OF _________________
__________COUNTY, TEXAS
_____________________
____________________________________
Attorney for Defendant
AGREED:
____________________________
Prosecuting Attorney
_____________________________
Judge Presiding
DATE: _________________________
City of _______________________
_________________ County, Texas
295
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
_______________________________
Defendant
_______________________________
City Attorney/Deputy City Attorney
The Court after explaining the Defendants right to appeal finds that the Defendant understands the consequences of waiving the
right to appeal and that such waiver was made voluntarily, knowingly, and intelligently. Accordingly, said waiver is accepted by
this Court and ORDERED filed of record in the minutes of this case.
___________________________________
Date
(municipal court seal)
______________________________
Judge Presiding
Editors Note: For further reference, see The Recorder, Waiver of Right to Appeal in Local Trial Courts of Limited
Jurisdiction, Vol. 12, No. 4 (May 2003).
PROSECUTOR FORMS 08/11
296
VS.
CITY OF __________________
_____________________
I hereby certify that a true and correct copy of this States Motion for Recusal/Disqualification was delivered to (the
Defendant) (Counsel for the Defendant), on this the _________ day of _______________, 20___.
______________________________
(Name)
______________________________
(Position)
State Bar Card Number: __________
297
VS.
CITY OF __________________
_____________________
II.
This motion is not sought for delay, but so that justice may be served. The State has used due diligence and will proceed
with prosecution at such time as the Court directs. Further, this motion has been (agreed to)(not agreed to) by (the
Defendant)(Counsel for the Defense).
III.
Wherefore, premises considered, the State prays that this Honorable Court grant said motion and that this cause be
continued to another date.
Respectfully submitted,
______________________________
(Name)
______________________________
(Position)
State Bar Card Number: __________
I hereby certify that a true and correct copy of this States Motion for Continuance was delivered to (the Defendant)
(Counsel for the Defendant), on this the _________ day of _______________, 20___.
______________________________
(Name)
______________________________
(Position)
State Bar Card Number: __________
ORDER
On this the _________ day of _______________, 20___, came on to be considered the States Motion for Continuance.
The Court having considered said motion is of the opinion that the States Motion for Continuance should be (granted)(denied).
This cause is hereby continued until the _________ day of _______________, 20___.
Signed this the _________ day of _______________, 20___.
__________________________
Judge Presiding
298
STATE OF TEXAS
VS.
CITY OF __________________
_____________________
_______________________________
(Deputy) City Attorney
State Bar Card Number: ___________
ORDER TO DISMISS
On this the _________ day of _______________, 20___, came on to be heard the above and foregoing Motion to Dismiss
by the Attorney for the State who moved the Court to dismiss this cause.
The Court, having duly considered said motion, determines that said cause should be dismissed.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED by the Court that this cause be, and the same is,
hereby dismissed. A copy of this order shall be delivered to the Defendant.
SIGNED AND ENTERED this _________ day of _______________, 20___.
___________________________
Judge Presiding
(municipal court seal)
299
STATE OF TEXAS
VS.
___________COUNTY, TEXAS
_____________________
_____________________________
Prosecuting Attorney
_____________________________
Defense Counsel
ORDER
On this the _____day of _________, 20___, the Court considered and granted the Application for the Writ of Procedendo.
IT IS HEREBY ORDERED that the appeal in the above styled and numbered cause be abated, dismissed, and remanded
to the Municipal Court of ______________, ________________ County, Texas, as a final judgment.
300
STATE OF TEXAS
VS.
_____________________
____________________________
Prosecuting Attorney
ORDER
On this the _____day of _________, 20___, the Court considered and granted the Application for the Writ of Procedendo.
IT IS HEREBY ORDERED that the appeal in the above styled and numbered cause be abated, dismissed, and remanded
to the Municipal Court of ______________, ________________ County, Texas, as a final judgment.
301