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Bench Warrants:  Application and Use

A bench warrant is a form of attachment as provided for in Article 24 of the Code of Criminal Procedure. General rules exist in the Code but the details of obtaining a bench warrant are not included. This page provides general guidance on obtaining a bench warrant in both counties of the 506th Judicial District Court.

Except on the Court's own motion, a bench warrant will be issued only after application by the requesting party. An Application for Bench Warrant is a pleading. As such a copy is to be filed on opposing counsel in accordance with the Rules. Preparation of the application is the responsibility of the requesting party or counsel, including attorneys for the State.

The Application for Bench Warrant and the Bench Warrant itself shall contain the correct name of the inmate or defendant, the person's location, date of birth (and TDCJ number if applicable), and the date the person is required to be in court. In the event counsel needs the person in the County Jail prior to court for interview or coordination, the date the person is requested to be in the county jail should be included on the Application as the return date.

The requesting party shall prepare both the Application for Bench Warrant and the Bench Warrant itself. A sample form will be provided on request. On filing of an Application for Bench Warrant with the District Clerk, the District Clerk will file and certify the bench warrant itself and present same to the Court for signature. If the requesting party wishes to deliver the bench warrant directly to the Court for signature, please coordinate the date and time of presentment with the Court Coordinator. Once the bench warrant is signed by the Court, the original must be filed with the Clerk for preparation and delivery to the proper authorities.

Requesting parties should allow at least ten days lead time for issuance of the bench warrant for inmates being brought in from TDCJ facilities. Further, the requesting party should advise the Jail Administrator of any special needs or requirements the inmate may have on arrival at the county jail.