Texas Code of Criminal Procedure 24.111 – Hearing Required Before Issuance of Certain Writs of Attachment
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(a) This article applies only to an attachment that is requested to be issued under:
(1) Article 24.011, if an affidavit is required under Article 24.011(b-1); or
(2) Article 24.12, 24.14, or 24.22.
(b) Notwithstanding any other law, a writ of attachment to which this article applies may only be issued by the judge of the court in which the witness is to testify if the judge determines, after a hearing, that the issuance of the attachment is in the best interest of justice.
Terms Used In Texas Code of Criminal Procedure 24.111
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Testify: Answer questions in court.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) In making a determination under Subsection (b), the judge shall consider the affidavit of the attorney representing the state or the defendant, as applicable, that was submitted with the request for the issuance of the attachment.
(d) The court shall appoint an attorney to represent the witness at the hearing under Subsection (b), including a hearing conducted outside the presence of the witness.