CAUSE NO. __________

STATE OF TEXAS			§		IN THE _______________ COURT
						§
V.						§		OF __________ COUNTY, TEXAS
						§
[DEFENDANT]				§		_______TH JUDICIAL DISTRICT

APPLICATION FOR BENCH WARRANT

TO THE HONORABLE JUDGE OF SAID COURT:

	Comes Now _________________, 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 _______________, and in support of such application shows the following:
I.
________________________ is presently confined in __________________________, located at ______________________________.
II.
	The testimony of the witness is material to the Defense in this action and the ends of justice require the attendance of said witness because  [summarize testimony expected from witness and why ends of justice require witness attendance.]  Securing the presence of the witness in court 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 _______________, to secure his appearance in the above entitled and numbered cause.
Respectfully Submitted,

							___________________________________
							Attorney Name
							State Bar Number
							Address
							City, State, Zip
							Phone 
							Fax

							Attorney for Defendant

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the foregoing Application for Bench Warrant was served upon the attorney for the State on ________________________, 200___.

							___________________________________
							Attorney for Defendant

AFFIDAVIT

STATE OF TEXAS			§

COUNTY OF _______________	§

	BEFORE ME, the undersigned authority, on this day personally appeared ____________________________, who after being duly sworn stated, "I am 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 ___________________, 200___.

	

	____________________________________
	Notary Public in and for the State of Texas

CAUSE NO. __________

STATE OF TEXAS			§		IN THE _______________ COURT
						§
V.						§		OF __________ COUNTY, TEXAS
						§
[DEFENDANT]				§		_______TH JUDICIAL DISTRICT

ORDER ON DEFENDANT’S APPLICATION FOR BENCH WARRANT

	BE IT REMEMBERED, that on the ______ day of _______________, 200___, came to be considered the above and foregoing Application for Bench Warrant.  After consideration of the motion and the argument of counsel, it is the opinion of the Court that Defendant's Motion be and is hereby:
							__________ GRANTED.
							__________ DENIED, to which ruling Defendant timely excepts.
							__________ SET FOR HEARING ON THE ______ day of _______________, 200___, at ______ o'clock ____.

					SIGNED on _________________________, 200___.

					____________________________________
					JUDGE PRESIDING