IN THE DISTRICT COURT OF ____________________ COUNTY, TEXAS

______ JUDICIAL DISTRICT

STATE OF TEXAS	§		
	§		
vs.	§	__________________	
	§		
________________________	§		

	APPLICATION FOR BENCH WARRANTS

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW the Defendant in the above entitled and numbered cause, by and through Counsel, and makes application to the Court to issue a bench warrant for the custody of ____________________, TDC # ______________and in support of such application shows:
	1. The witness, ____________________, TDC # ______________ is presently confined in the Ware Unit, Institutional Division of the Texas Department of Criminal Justice, ______________________, ____________________, Texas _______________.
	2. The testimony of this witness is material to the Defense in this action and the ends of justice require the attendance of said witness because he can offer testimony that is material to issues of both guilt and innocence and punishment. 
	3. Such action is necessary to preserve Defendant's rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 10 and 19 of the Texas Constitution, and Articles 1.04, 1.05 and 1.051(a) of the Texas Code of Criminal Procedure.
	WHEREFORE, the Defendant prays the Court grant this application and order that a bench warrant be issued for the witness referred to hereinabove, in order to insure his appearance in the above entitled and numbered cause.
						Respectfully submitted:

						by:_________________________________

						

						

STATE OF TEXAS 				}
          						} 			AFFIDAVIT
COUNTY OF __________________ 	}

	BEFORE ME, the undersigned authority, on this day personally appeared _______________________________, who after being duly sworn stated, "I am the attorney for the Defendant in the above entitled and numbered cause.  I have read the foregoing Application for Bench Warrant and swear that all of the allegations of fact are true and correct."
						_________________________________
						__________________ Affiant.	

	SUBSCRIBED AND SWORN TO BEFORE ME on the _______________ day of ________________, 2018, to certify which witness my hand and seal of office.

							______________________________
						   	Notary Public in and for
							the State of Texas.

CERTIFICATE OF SERVICE

	I do certify that a true and correct copy of the foregoing Application for Bench Warrant was hand-delivered to the District Attorney’s Office, __________________, ______________, Texas ___________, on this ___________________ day of _______________, 2018. 

						_________________________________
						_______________________

IN THE DISTRICT COURT OF ______________ COUNTY, TEXAS

______ JUDICIAL DISTRICT

STATE OF TEXAS	§		
	§		
vs.	§	__________________	
	§		
________________________	§		

ORDER

	On this day came to be considered the Application for Bench Warrant filed by the Defendant in the above entitled and numbered cause, and the Court after consideration of the same, is of the opinion that the Defendant's Application be:
	(    )	GRANTED.
	(    )	DENIED.
	SIGNED this ______ day of ______________________, 2018.

							____________________________
							J U D G E 

IN THE DISTRICT COURT OF ________________ COUNTY, TEXAS

______ JUDICIAL DISTRICT

STATE OF TEXAS	§		
	§		
vs.	§	__________________	
	§		
________________________	§		

BENCH WARRANT

TO THE SHERIFF OF ________________ COUNTY, TEXAS: 

	On this day the Court granted the Defendant’s Application for Bench Warrant, after having considered said application and found that it has merit and that the presence of ____________________, TDC # ______________ before this Court is necessary and absolutely required in order to insure a fair trial in this cause. 

	YOU ARE, THEREFORE, REQUESTED AND DIRECTED to deliver INSTANTER, to the bearer of this warrant, or the SHERIFF OF EL PASO COUNTY, TEXAS or ANY OF HIS DEPUTIES, the custody of ____________________, TDC # ______________ currently confined at the ______________ Unit, Institutional Division of the Texas Department of Criminal Justice, ___________________, ____________________, Texas _______________ on or before _______________, 2018, for the purposes and reasons above stated; in order that the above-entitled and numbered cause may be finally disposed of.

	WITNESS MY HAND at _______________, ________________ County, Texas this _____ day of ___________________, 2018.

								_________________________ 
								J U D G E

ATTEST, __________________, District Clerk
By:

________________________  
DEPUTY.
SET _______________, 2018 AT ___:00 PM/AM.