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Chapter 35

Form 35-14

The writ of habeas corpus and the accompanying order granting writ of habeas corpus are usually pre­pared by the clerk of the appellate court. The format may vary slightly among the courts.

Writ of Habeas Corpus

[to Release Adult]

State of Texas)

TO THE SHERIFF OF [county] COUNTY, TEXAS:

[Name of relator], Relator, has petitioned the Honorable Court of Appeals for the [des­ignation] Supreme Judicial District of Texas for a writ of habeas corpus, alleging that Relator is illegally restrained of [his/her] liberty by you in [county] County, Texas, by virtue of a cer­tain process issued out of the [designation] District Court of [county] County, Texas.

The Honorable Court of Appeals for the [designation] Supreme Judicial District of Texas has granted the petition and ordered a writ of habeas corpus to issue, in the following words: [incorporate, by reciting verbatim, the order granting writ of habeas corpus].

You are therefore COMMANDED to produce the body of [name of relator], Relator, before the Court of Appeals for the [designation] Supreme Judicial District of Texas, at [city], Texas, on [date] at [time] UNLESS you take the bond of Relator in the sum of [number] dol­lars ($[amount]), in the terms and conditions of the law, that he will appear and abide by the decision of the Court of Appeals for the [designation] Supreme Judicial District of Texas, which bond you will approve in your official capacity and forward to the clerk of this Court.

WITNESS THE HONORABLE [name], [Chief Justice/Justice] of our Court of Appeals for the [designation] Supreme Judicial District of Texas, with the seal of the Court annexed, at the city of [city], on [date].

   
Clerk
Court of Appeals for the
      [designation] Supreme Judicial District
      of Texas, sitting at [city]

By:      
     Deputy