Petition for Writ of Habeas Corpus
[to Release Adult]
Under Tex. R. App. P. 52, in all original proceedings in the appellate courts a single document serves as the petition and brief. The petition should follow the specific formatting and filing requirements stated in Tex. R. App. P. 9. Except under limited circumstances, all documents must now be electronically filed in the appellate courts, and the requirements for doing so are set forth in Tex. R. App. P. 9. In the caption, the proper court of appeals (or the Supreme Court of Texas) should be designated. (If emergency relief is needed, a separate motion for that relief is required. Tex. R. App. P. 52.10.)
Appeal No. __________
In the [Court of Appeals/Supreme Court of Texas]
|
Include the following if applicable. |
[number] Judicial District
[city], Texas
|
Continue with the following. |
In re [name of party seeking relief], Relator
________________________
Petition for Writ of Habeas Corpus
[Name]
Attorney for Relator
State Bar No.:
[Email address]
[Mailing address]
[Telephone]
[Fax]
ATTORNEY FOR RELATOR
[Include if applicable: Oral Argument Requested]
|
The front cover of the petition ends here. All material above this box must be included on that front cover. |
Identity of Parties and Counsel
The following is a list of all parties and all counsel in this matter:
|
Tex. R. App. P. 52.3(a) requires, for all counsel appearing in the trial or appellate courts, the attorney’s name and the firm or office name at the time of appearance. Additional information is required for current counsel: mailing address, telephone number, and email address. |
Relator: [name]
Attorney(s) for Relator having appeared in the [trial/appellate/trial and appellate] court(s): [name and firm or office name at time of appearance]
Attorney(s) currently appearing for Relator: [name, firm or office name, mailing address, telephone number, and email address]
Real party in interest: [name]
Attorney(s) for real party in interest having appeared in the [trial/appellate/trial and appellate] court(s): [name and firm or office name at time of appearance]
Attorney(s) currently appearing for real party in interest: [name, firm or office name, mailing address, telephone number, and email address]
|
Repeat above information as required for each attorney who has represented any of the parties. |
Table of Contents
|
The table of contents must include page references. Tex. R. App. P. 52.3(b). Page references in the table of contents should be the same as the PDF page numbers. |
Index of Authorities
|
List in alphabetical order the authorities cited in the brief grouped as to cases, constitutional references, statutes, rules, and secondary materials (treatises, law review articles, and so forth). |
Statement of the Case
|
The statement of the case should be no longer than one page and describe the status of the case. Tex. R. App. P. 52.3(d). |
1.The underlying suit is a contempt proceeding for [specify].
2.Relator was held in contempt after hearing on [date].
3.Relator is illegally confined and restrained in [his/her] liberty in the county jail of [county] County, Texas, by [name], sheriff of that county.
|
Include the following if applicable. |
4.A petition requesting the same relief was filed in the Court of Appeals for the [number] Judicial District on [date]. The justices who participated in the decision were [names]. The author of the opinion by the court was [name] [if more than one opinion, list all]. The decision was ordered [unpublished/published and is reported at [specify]]. The court of appeals ordered [specify disposition of the case by the court of appeals].
Statement of Jurisdiction
This Court has jurisdiction to issue a writ of habeas corpus under [section 3/section 6] of article V of the Texas Constitution and under [section 22.002(a)/section 22.221(d)] of the Texas Government Code.
Issues Presented
|
State each issue on which it is alleged the trial court erred as a matter of law. |
PETITION FOR WRIT OF HABEAS CORPUS
Statement of Facts
|
State concisely and without argument the facts pertinent to the case. Support each allegation with references to the appendix or record. |
Argument
|
Show how the points or issues presented, on the conclusively established facts, entitled relator to an order for possession of the child. Cite controlling authority. |
Prayer
Relator prays that this honorable Court or one of its justices, after examining this petition, admit Relator to bail, issue a writ of habeas corpus, and fix a time and place of appearance on the writ, and that [name], sheriff of [county] County, Texas, be ordered to produce the body of Relator before this Court, unless the sheriff takes the bond of Relator, in a sum to be set by this Court and in the terms and conditions of the law, that Relator will appear and abide by the decision of this Court, to the end that Relator may be discharged from the illegal confinement and restraint.
[Name]
Attorney for Relator
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]
Certification of Facts and Verification of Record
Pursuant to rule 52.3(j) of the Texas Rules of Appellate Procedure, I certify that I have thoroughly reviewed the Court’s file in this matter. I have personal knowledge of the facts stated herein, and such matters are true and correct. Additionally, I have personal knowledge that the items in the appendix and record are true and correct copies of documents material to Relator’s claims and are either pleadings that are on file in the underlying suit, hearing transcripts and exhibits, or orders signed by the trial court in the underlying suit in this cause number [number] in the [designation] Court of [county] County, Texas.
[Name of attorney]
Appendix
This appendix contains the following:
1.a certified copy of [specify order relator allegedly violated];
2.a certified copy of the motion of contempt;
3.a certified copy of the judgment of contempt;
4.a certified copy of the commitment order;
5.a certified copy of the Certificate of Custody[;]
6.[include if applicable: a certified copy of the [order/opinion] of the court of appeals;]
7.[specify other authority or exhibits included].
|
Include the following if applicable. |
In addition, Relator relies on [the clerk’s record/the reporter’s record/the clerk’s record and the reporter’s record] filed in this matter.
|
Include the following if filing electronically. |
Certificate of Counsel Regarding Word Count
Pursuant to rule 9 of the Texas Rules of Appellate Procedure, I certify that the word count in this Petition for Writ of Habeas Corpus, excluding the caption and introductory matters, signature, proof of service, certification, certificate of compliance, and appendix, totals [number] words.
[Name of attorney]
|
Continue with the following. |
Certificate of Service
I certify that a true copy of this Petition for Writ of Habeas Corpus was served in accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party or that party’s lead counsel as follows:
Name of person served: [[name of lead attorney], attorney for [name of party]/[name of unrepresented party]]
Address of person served: [address]
Method of service: [by electronic filing manager/by email at [email address]/by fax at [fax number]/by personal delivery at [address]/by commercial delivery service at [address]/by certified mail at [address]/by first-class mail at [address]]
Date of service: _______________________________
|
Repeat for each party served. |
[Name]
Attorney for Relator