1. Copyright 2013 John Steinsiek1 Other Writs

2. Copyright 2013 John Steinsiek2 Certiorari Scire Facias Habeas Corpus Writ of Possession

3. Copyright 2013 John Steinsiek3 Certiorari (127) This is a writ issued by an appellate court It is served on the judge of the court and it commands him to make certified copies of the entries in the cause from his docket and immediately transmit them to the higher court with all paper and a bill of cost. Complete the return and send back to the issuing court.

4. Copyright 2013 John Steinsiek4 Scire Facias (141) The purpose of the writ is to remove or renew a judgment A judgment is activity for 10 years from the date it is signed It maybe renewed by having a execution issued before the expirations date

5. Copyright 2013 John Steinsiek5 After the judgment expires a Writ of Scire Facias can be issued by the court having original jurisdiction in the case This request to issue the writ must be made within two years after the original judgment expired There are some exception to this—it can go up to 4 years.

6. Copyright 2013 John Steinsiek6 Habeas Corpus (129) Latin word – meaning “you have the body of” They are issued by county Courts and higher The are directed to the person restraining or who has custody They have to name the restrained person

7. Copyright 2013 John Steinsiek7 I must show the date and time the person is to come to court with the custody person A summary of the facts for the hearing They maybe server by sheriffs, constables or private servers Served under Code of Criminal Procedure §17.26 to the defendant in person or if he refuses verbally inform him of the content of the writ. Complete the return and return to court

8. Copyright 2013 John Steinsiek8 Writ of Possession (142) non eviction The Writ of Possession issued under rule 308 – 310 (Lien foreclosure-special value) and 621- 632 (Execution rules) will follow the following requirements.

9. Copyright 2013 John Steinsiek9 1. Styled “The State of Texas” 2. Direct to Sheriff or Constable 3. Names of the Plaintiff and Defendant 4. Command the officer to take possession of certain property from the defendant and deliver possession of the property to the plaintiff 5. Dated and signed by the clerk or Justice of the Peace 6. File number and the court’s address

10. Copyright 2013 John Steinsiek10 A copy is given to the defendant and demand is made for the property If the defendant fails to turn the property over to the officer the court may find the defendant in Contempt of Court if the plaintiff pursues the matter

11. Copyright 2013 John Steinsiek11 Writ of Possession (144) Eminent Domain These Writ of Possession are issued under Sec. 21.003 of the Texas Property Code There requirements are different.

12. Copyright 2013 John Steinsiek12 1.Styled “The State of Texas” 2.Directed to the Sheriff or Constable 3.Name the Plaintiff and Defendant 4.Shall order the condemnor (defendant) to surrender possession of the property. 5.Dated and signed by the clerk of the court 6.File number and the court’s address Complete the return and send it back to the issuing court.

13. Copyright 2013 John Steinsiek13