Texas Code of Criminal Procedure 24.14 – Attachment for Resident Witness
(a) Regardless of whether the witness has disobeyed a subpoena, if a witness who resides in the county of the prosecution may be about to move out of the county, the defendant or the attorney representing the state may request that the court issue an attachment for the witness. The request must be filed with the clerk of the court and must include the applicable affidavit described by Article 24.12, except that the affidavit must additionally state that the affiant has good reason to believe, and does believe, that the witness is about to move out of the county.
(b) If an attachment is issued under this article in a misdemeanor case, when the witness makes oath that the witness cannot give surety, the officer executing the attachment shall take the witness’s personal bond.
Terms Used In Texas Code of Criminal Procedure 24.14
- 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.
- Subpoena: A command to a witness to appear and give testimony.