This form may be used if the respondent fails to appear at the show-cause hearing, allowing a sheriff or constable to bring the respondent to the court so the judge can hold the respondent in contempt.
Writ of Attachment
State of Texas)
County of)
TO ANY SHERIFF OR ANY CONSTABLE WITHIN THE STATE OF TEXAS:
[Name of respondent], Respondent, although personally served with notice, did not appear on [date] for a hearing held on the motion of [name of plaintiff], Movant, to hold [name of respondent] in contempt of court in the [designation] Court of [county] County, Texas, in Cause No. [number], styled “[style of case].” Therefore, in obedience to an order of this Court made and entered on [date]:
You are hereby COMMANDED to take immediately into your custody and bring before this Court [name of respondent], Respondent, for the purposes of Respondent’s showing cause why [he/she] should not be held in contempt for refusing to obey this Court’s order to [answer interrogatories/give [his/her] deposition].
The attaching officer is directed to notify the Court and Movant’s attorney immediately on attaching Respondent so that a hearing may be immediately scheduled.
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Select one of the following. |
In no event shall this Writ of Attachment be served so as to require Respondent to be detained overnight before the show-cause hearing.
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Or |
In lieu of detainment, Respondent may be released on posting a bond in the amount of $[amount], payable to Movant, with two or more good and sufficient sureties, to be approved by the Court, conditioned that on [date], Respondent appear before the Court and remain in attendance until discharged by the Court. Personal recognizance in lieu of bond will not be permitted.
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Continue with the following. |
HEREIN FAIL NOT, but make due return of this writ, showing how you have executed it.
Witness my hand and seal of office at [city, county] County, Texas, on ________________.
Clerk of the [designation] Court of
[county] County, Texas
By
Deputy
Officer’s Return
I received this writ on ________________ at ____ __.m. and executed it on ________________ at ____ __.m. by
__________________________________________________________________________.
I actually and necessarily traveled ________ miles in executing this writ, and my fees are $____________.
This original returned on ____________________________.
[Name of officer if known]
[Identification of officer]
__________________ County, Texas
By
Deputy