Terms Used In Texas Code of Criminal Procedure 11.28

  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

The return of a writ of habeas corpus, under the provisions of the preceding Article, if made by any person other than an officer, shall be under oath.