Texas Code of Criminal Procedure 11.30 – How Return Is Made
Terms Used In Texas Code of Criminal Procedure 11.30
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- return: as used in this Chapter , means the report made by the officer or person charged with serving the writ of habeas corpus, and also the answer made by the person served with such writ. See Texas Code of Criminal Procedure 11.55
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The return is made by stating in plain language on the copy of the writ or some paper connected with it:
1. Whether it is true or not, according to the statement of the application, that the person has in the person’s custody, or under the person’s restraint, the applicant named or described in the application;
2. By virtue of what authority, or for what cause, the person took and detains the applicant;
3. If the person had the applicant in the person’s custody or under restraint at any time before the service of the writ, and has transferred the applicant to the custody of another, the person shall state particularly to whom, at what time, for what reason or by what authority the person made the transfer;
4. The person shall annex to the person’s return the writ or warrant, if any, by virtue of which the person holds the applicant in custody; and
5. The return must be signed and sworn to by the person making it.