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Chapter 35

Form 35-3

Include the following notice if a minor is named in the caption or if the capias contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents.

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Capias

State of Texas)

TO ANY PEACE OFFICER OF THE STATE OF TEXAS:

You are COMMANDED to arrest [name] and immediately bring [him/her] before the [designation] Court of [county] County, Texas, at the courthouse of that county, in [city], Texas, to answer a [pending charge of failure to appear to answer a charge of contempt of court/motion to revoke suspension of commitment].

The [driver’s license number/date of birth, race, and sex] of [name] [is/are] [specify information].

You shall notify the issuing court of [name]’s arrest immediately following [his/her] arrest.

Include the following for capias based on failure to appear.

Bail has been set for the release of [name] as a [surety bond or cash bond/cash bond only] in the reasonable minimum amount of [number] dollars ($[amount]).

If [name] attempts to post bond, you shall contact the issuing court before [his/her] release to determine the date and time of the hearing and include that information in the bond conditions.

Continue with the following.

Return this writ immediately, showing how you have executed it.

ISSUED 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 ________________________.

FEES:

 

 

 

Making arrest:

$ ____________

 

 

Mileage:

$ ____________

 

 

Taking bond:

$ ____________

 

 

Commitment:

$ ____________

 

 

Total:

$ ____________

   
__________________ County, Texas

By:      
     Deputy

 

 

 

 

 

 

 

 

Forms 35-4 through 35-10 are reserved.