ANSWERS: 1
  • 1) "A bench warrant, sometimes also called a "writ of capias" or "capias," is a variant of the arrest warrant. A bench warrant usually commands the arrest of someone for failing to show for a required court appearance." Source and further information: http://en.wikipedia.org/wiki/Capias 2) "One form, a 'precept to serve,' commands any constable or sheriff to serve a motion for contempt and directs the person served to appear before court to show cause." Source and further information: http://www.oag.state.tx.us/opinions/opinions/46white/op/1979/htm/mw0117.htm "In secound law, a precept is a command in writing; a species of writ or process issuing from a court or other legal authority. It is now chiefly used of an order demanding payment. The Latin form praecipe (i.e. enjoin, command) is used of the note of instructions delivered by a plaintiff or his lawyer to be filed by the officer of the court, giving the names of the plaintiff and defendant." Source and further information: http://en.wikipedia.org/wiki/Precept 3) "Initial Filing Procedures Before a case may be heard in district court, it must be filed for record in the district clerk’s office. The following initial procedures must be completed before proceedings can begin. • If the defendant is in custody or under bond, the fact of a presentment of indictment by a grand jury shall be entered upon the minutes of the court, noting briefly the style of the criminal action, the file number of the indictment, and the defendant’s name. • If the defendant is not in custody or under bond at the time of the presentment of the indictment, the entry in the minutes of the court relating to said indictment shall be delayed until such time as the capias is served and the defendant is placed in custody or under bond. • If an information is to be filed, rather than an indictment, an affidavit must be made by a credible person charging the defendant with an offense. The affidavit may be sworn to before the district or county attorney, or any officer authorized by law to administer oaths. The affidavit must be filed with the information. The clerk can then issue criminal processes. • On transfers to inferior courts, the clerk shall deliver all indictments, with all papers and records to that court or justice. Such records shall be accompanied by a certified copy of all proceedings in the district court, and with a bill of costs that have accrued in district court. • A capias is issued by the clerk upon each felony indictment, after bail has been set or denied by the judge. (See “Issuance of Process, Chapter IV.) The capias is given to the sheriff in the county where the defendant resides for his execution and return, but may be issued to as many counties as the district attorney may direct. A capias need not issue for a defendant in custody or under bond. • Upon the request of the attorney representing the State, a summons instead of a capias shall be issued. If the defendant then fails to appear, a capias must be issued. • The clerk must endorse upon the capias the amount of bail set by the court. • The clerk shall also provide the sheriff a certified copy of the indictment and precept to serve the indictment to accompany the capias. This will officially inform the defendant as to the charges brought against him. NOTE: The clerk must keep a docket of criminal cases. (See “Dockets,” this section. The case is now filed in the district court and is ready for further proceedings. The clerk’s role is a passive one at this stage of the process. The next action will be triggered by the prosecutor, defense attorney, or judge. Some cases will be filed and disposed of in the same day, while others will stay pending for indefinite periods of time." Source and further information: http://www.courts.state.tx.us/pubs/Manuals/dclerk/Ch_3.pdf

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