Texas Civil Practice and Remedies Code 171.086 – Orders That May Be Rendered
(a) Before arbitration proceedings begin, in support of arbitration a party may file an application for a court order, including an order to:
(1) invoke the jurisdiction of the court over the adverse party and to effect that jurisdiction by service of process on the party before arbitration proceedings begin;
(2) invoke the jurisdiction of the court over an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner and subject to the conditions under which the proceeding may be instituted and conducted ancillary to a civil action in a district court;
(3) restrain or enjoin:
(A) the destruction of all or an essential part of the subject matter of the controversy; or
(B) the destruction or alteration of books, records, documents, or other evidence needed for the arbitration;
(4) obtain from the court in its discretion an order for a deposition for discovery, perpetuation of testimony, or evidence needed before the arbitration proceedings begin;
(5) appoint one or more arbitrators so that an arbitration under the agreement to arbitrate may proceed; or
(6) obtain other relief, which the court can grant in its discretion, needed to permit the arbitration to be conducted in an orderly manner and to prevent improper interference or delay of the arbitration.
(b) During the period an arbitration is pending before the arbitrators or at or after the conclusion of the arbitration, a party may file an application for a court order, including an order:
(1) that was referred to or that would serve a purpose referred to in Subsection (a);
(2) to require compliance by an adverse party or any witness with an order made under this chapter by the arbitrators during the arbitration;
(3) to require the issuance and service under court order, rather than under the arbitrators’ order, of a subpoena, notice, or other court process:
(A) in support of the arbitration; or
(B) in an ancillary proceeding in rem, including by attachment, garnishment, or sequestration, in the manner of and subject to the conditions under which the proceeding may be conducted ancillary to a civil action in a district court;
(4) to require security for the satisfaction of a court judgment that may be later entered under an award;
(5) to support the enforcement of a court order entered under this chapter; or
(6) to obtain relief under § 171.087, 171.088, 171.089, or 171.091.
Terms Used In Texas Civil Practice and Remedies Code 171.086
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service of process: The service of writs or summonses to the appropriate party.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) A court may not require an applicant for an order under Subsection (a)(1) to show that the adverse party is about to, or may, leave the state if jurisdiction over that party is not effected by service of process before the arbitration proceedings begin.