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civil rules apply to criminal procedure

texas code of criminal procedure

art. 2.16. neglecting to execute process


[$10-200]
if any sheriff or other officer shall wilfully refuse or fail from neglect to execute
any summons, subpoena or attachment for a witness, or any other legal process which it
is made his duty by law to execute, he shall be liable to a fine for contempt not less than
ten nor more than two hundred dollars, at the discretion of the court. the payment of such
fine shall be enforced in the same manner as fines for contempt in civil cases.
[see ccp art. 24.01(c)]

art. 7.17. limitation and procedure


suits upon such bonds shall be commenced within two years from the breach of
the same, and not thereafter, and shall be governed by the same rules as civil actions,
except that the sureties may be sued without joining the principal. to entitle the state to
recover, it shall only be necessary to prove that the accused violated any condition of said
bond. the full amount of such bond may be recovered of the accused and the sureties.

art. 9.04. suit upon bond


any such bond, upon the breach thereof, may be sued upon by the district or
county attorney, in the name of the state of texas, within two years after such breach, and
not afterwards; and such suits shall be governed by the same rules as civil actions.

art. 17.11. how bail bond is taken


sec. 1. every court, judge, magistrate or other officer taking a bail bond shall
require evidence of the sufficiency of the security offered; but in every case, one surety
shall be sufficient, if it be made to appear that such surety is worth at least double the
amount of the sum for which he is bound, exclusive of all property exempted by law from
execution, and of debts or other encumbrances; and that he is a resident of this state, and
has property therein liable to execution worth the sum for which he is bound.
sec. 2. provided, however, any person who has signed as a surety on a bail bond
and is in default thereon shall thereafter be disqualified to sign as a surety so long as he is
in default on said bond. it shall be the duty of the clerk of the court wherein such surety is
in default on a bail bond, to notify in writing the sheriff, chief of police, or other peace
officer, of such default. a surety shall be deemed in default from the time execution may
be issued on a final judgment in a bond forfeiture proceeding under the texas rules of
civil procedure, unless the final judgment is superseded by the posting of a supersedeas
bond.
amended effective aug. 28, 1967; sept. 1, 1999.
effect of 1999 amendment (sb 403, §2): "execution may be issued on a final
judgment in a bond forfeiture proceeding under the texas rules of civil procedure, unless
the final judgment is superseded by the posting of a supersedeas bond" replaces "the trial
court enters its final judgment on the scire facias until such judgment is satisfied or set
aside" in sec. 2.
section 9(b) of sb 403, acts of the 76th leg., reg. session, 1999: "the changes in
law made by sections 1, 2, 4, 5, and 6 of this act apply only to a bail bond executed on or
after september 1, 1999. a bail bond executed before september 1, 1999, is covered by the
law in effect when the bail bond was executed, and the former law is continued in effect
for that purpose."

art. 17.19. surety may obtain a warrant


(a) any surety, desiring to surrender his principal and after notifying the principal's
attorney, if the principal is represented by an attorney, in a manner provided by rule 21a,
texas rules of civil procedure, of the surety's intention to surrender the principal, may
file an affidavit of such intention before the court or magistrate before which the
prosecution is pending. the affidavit must state:
(1) the court and cause number of the case;
(2) the name of the defendant;
(3) the offense with which the defendant is charged;
(4) the date of the bond;
(5) the cause for the surrender; and
(6) that notice of the surety's intention to surrender the principal has been
given as required by this subsection.
(b) if the court or magistrate finds that there is cause for the surety to surrender his
principal, the court shall issue a warrant of arrest for the principal. it is an affirmative
defense to any liability on the bond that:
(1) the court or magistrate refused to issue a warrant of arrest for the
principal; and
(2) after the refusal to issue the warrant the principal failed to appear.
(c) if the court or magistrate before whom the prosecution is pending is not
available, the surety may deliver the affidavit to any other magistrate in the county and
that magistrate, on a finding of cause for the surety to surrender his principal, shall issue a
warrant of arrest for the principal.
(d) an arrest warrant issued under this article shall be issued to the sheriff of the
county in which the case is pending, and a copy of the warrant shall be issued to the
surety or his agent.
(e) an arrest warrant issued under this article may be executed by a peace officer,
a security officer, or a private investigator licensed in this state.

art. 17.19. surety may obtain a warrant


(a) any surety, desiring to surrender his principal and after notifying the principal's
attorney, if the principal is represented by an attorney, in a manner provided by rule 21a,
texas rules of civil procedure, of the surety's intention to surrender the principal, may
file an affidavit of such intention before the court or magistrate before which the
prosecution is pending. the affidavit must state:
(1) the court and cause number of the case;
(2) the name of the defendant;
(3) the offense with which the defendant is charged;
(4) the date of the bond;
(5) the cause for the surrender; and
(6) that notice of the surety's intention to surrender the principal has been
given as required by this subsection.

effect of 1999 amendment (sb 403, §3): "and after notifying the principal's
attorney, if the principal is represented by an attorney, in a manner provided by rule 21a,
texas rules of civil procedure, of the surety's intention to surrender the principal" added
in section (a); "the" is added to sections (a)(1)-(5); subsection (a)(6) is added.

art. 22.05. citation as in civil actions


sureties shall be entitled to notice by service of citation, the length of time and in
the manner required in civil actions; and the officer executing the citation shall return the
same as in civil actions. it shall not be necessary to give notice to the defendant unless he
has furnished his address on the bond, in which event notice to the defendant shall be
deposited in the united states mail directed to the defendant at the address shown on the
bond.

art. 22.06. citation by publication


where the surety is a nonresident of the state, or where he is a transient person, or
where his residence is unknown, the district or county attorney may, upon application in
writing to the county clerk, stating the facts, obtain a citation to be served by publication;
and the same shall be served by a publication and returned as in civil actions.

art. 22.10. scire facias docket


when a forfeiture has been declared upon a bond, the court or clerk shall docket
the case upon the scire facias or upon the civil docket, in the name of the state of texas, as
plaintiff, and the principal and his sureties, if any, as defendants; and, except as otherwise
provided by this chapter, the proceedings had therein shall be governed by the same rules
governing other civil suits.

art. 22.11. sureties may answer


after the forfeiture of the bond, if the sureties, if any, have been duly notified, the
sureties, if any, may answer in writing and show cause why the defendant did not appear,
which answer may be filed within the time limited for answering in other civil actions.
art. 22.14. judgment final
when, upon a trial of the issues presented, no sufficient cause is shown for the
failure of the principal to appear, the judgment shall be made final against him and his
sureties, if any, for the amount in which they are respectively bound; and the same shall
be collected by execution as in civil actions. separate executions shall issue against each
party for the amount adjudged against him. the costs shall be equally divided between the
sureties, if there be more than one.
[see ccp art. 22.125]

art. 22.15. judgment final by default


when the sureties have been duly cited and fail to answer, and the principal also
fails to answer within the time limited for answering in other civil actions, the court shall
enter judgment final by default.

art. 24.07. fine against witness conditional


when a fine is entered against a witness for failure to appear and testify, the
judgment shall be conditional; and a citation shall issue to him to show cause, at the term
of the court at which said fine is entered, or at the first term thereafter, at the discretion of
the judge of said court, why the same should not be final; provided, citation shall be
served upon said witness in the manner and for the length of time prescribed for citations
in civil cases.
art. 24.08. witness may show cause
a witness cited to show cause, as provided in the preceding article, may do so
under oath, in writing or verbally, at any time before judgment final is entered against
him; but if he fails to show cause within the time limited for answering in civil actions, a
judgment final by default shall be entered against him.

chapter 32a.
speedy trial
art. 32a.01. trial priorities
insofar as is practicable, the trial of a criminal action shall be given preference
over trials of civil cases, and the trial of a criminal action against a defendant who is
detained in jail pending trial of the action shall be given preference over trials of other
criminal actions.

lane v. state, 822 s.w.2d 35, 42 (tex.crim.app. 1991). "the unequivocal belief by a
venireman that a police officer would never lie while testifying has been found to
constitute a bias against the defendant under [ccp] article 35.16(a) §8, now §9 ....
otherwise, the trial court has discretion to determine whether or not bias or prejudice
actually exists."

opinion no. dm-392, (ag - may 14, 1996) at 3: "[w]e regard sections 21.002 and
21.009 of the civil practice and remedies code as specific provisions prevailing over
article 36.22 of the code of criminal procedure." at 7: "pursuant to section 21.009 of the
civil practice and remedies code and section 62.1041 of the government code, a duly
qualified interpreter who has taken the oath required by section 21.005 of the civil
practice and remedies code, and no other person, may accompany a deaf juror in a
criminal case into the jury room during deliberations."

art. 39.04. applicability of civil rules


the rules prescribed in civil cases for issuance of commissions, subpoenaing
witnesses, taking the depositions of witnesses and all other formalities governing
depositions shall, as to the manner and form of taking and returning the same and
other formalities to the taking of the same, govern in criminal actions, when not in
conflict with this code.

art. 39.05. objections


the rules of procedure as to objections in depositions in civil actions shall
govern in criminal actions when not in conflict with this code.

art. 39.06. written interrogatories


when any such deposition is to be taken by written interrogatories, such
written interrogatories shall be filed with the clerk of the court, and a copy of the
same served on all other parties or their counsel for the length of time and in the
manner required for service of interrogatories in civil action, and the same
procedure shall also be followed with reference to cross-interrogatories as that
prescribed in civil actions.

art. 39.10. return


in all cases the return of depositions may be made as provided in civil actions.

art. 42.037. restitution


(m) an order of restitution may be enforced by the state or a victim named in the
order to receive the restitution in the same manner as a judgment in a civil action.

art. 44.44. rules in forfeitures


in the cases provided for in the two preceding articles, the proceeding shall be
regulated by the same rules that govern civil actions where an appeal is taken or a writ of
error sued out.
scott v. state, 649 s.w.2d 354, 355 (tex.app. - eastland 1983, no pet.). "bond
forfeiture appeals are governed by the same rules governing civil actions where an appeal
is taken. [ccp] art. 44.44."

art. 45.047. civil collection of fines after judgment.


if after a judgment and sentence is entered the defendant defaults in payment of a
fine, the justice or judge may order the fine and costs collected by execution against the
defendant's property in the same manner as a judgment in a civil suit.

art. 45.048. discharged from jail.


a defendant placed in jail on account of failure to pay the fine and costs shall be
discharged on habeas corpus by showing that the defendant:
(1) is too poor to pay the fine and costs; or
(2) has remained in jail a sufficient length of time to satisfy the fine and
costs, at the rate of not less than $100 for each day or part of a day of jail time served.
[see ccp art. 45.041(c)]