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Twilight Zone…

Going where no Clerk has gone before

Unknown Dimensions list:

• Delayed Birth Certificates (HSC 192.021 – 192.029)• Petition for Emancipations (FC 31.001 – 31.008)• Filing to Remove a Fraudulent Lien (CPR 12.005)• Eminent Domain Petition and Appointment of Special Commission (PC 21)• Business Code requiring Annual meeting of the Board(BOC 22.54)• Writ of Habeas Corpus Ad Prosequendum (Federal Procedure Chapter 36.126) • Writ of Habeas Corpus Ad Testifcandum (Federal Procedure Chapter 36.109)

(Both of the above are sent to Federal Prisons. The first for the defendant and the other for the witness.)• Governor’s Warrant (CCP 51.13)• Out-of-State Subpoena• Appointment of special commissioners on eminent domain suits (Property Code-

Chapter 21)

• Scire facias – to revive a judgment (Tx. Civ. Prac. & Rem.Code 31.006) • Sequestration Writ &Bond – (Tx Rules of Civ. P Rules 696 – 716)• Stay of Execution (Tx Rules of Civ.P 634)• Foreign Judgment• Live Web-Video Testimony of Incarcerated TDCJ Inmate

Unknown Dimensions list:

Delayed Birth Certificate-HSC 192.021 – 192.029

• Health and Safety Code amended Delayed Birth Certificate requirements in the 84th session, effective Sept, 1, 2015. • If a state registrar refuses to register a delayed birth certificate the applicant is

advised of the right to appeal to the statutory probate court or district court in the county in which the birth occurred, or in one of these courts in which they reside. • The judge of a statutory probate court or district court is authorized to appoint an

attorney ad litem in a proceeding to represent the interests of the person seeking the delayed birth certificate. • A parent of a person seeking a delayed birth certificate is required to sign an

affidavit of personal knowledge not later than the 30th day after the date a request is made acknowledging that the individual is the parent of the person seeking the certificate if the parent's signature has been requested and is necessary for the issuance of the certificate because the person seeking the birth certificate is unable to provide other documentary evidence. Failure of a parent to sign a required affidavit a Class A or Class B misdemeanor offense, depending on the age of the child requesting the birth certificate.

Petition for Emancipation FC 31.001 – 31.008

• A minor can petition for emancipation if they are a Texas resident, self-supporting and managing their own financial affairs and at least 16 years old and living separate and apart from their parent(s) or guardian.• Because of the change in age to receive a marriage license Petitions for

Emancipation have increased. A person under the age of 18 years cannot marry unless they have been emancipated, a process also known as having the disabilities of minority removed for general purposes. This requirement was effective as of September 1, 2017. See Texas Family Code chapters 2.003, 2.101, and 6.205.

• https://texaslawhelp.org/article/emancipation-minors Overview attached to this handout. (no form on texaslawhelp.org• Fee????

Filing to Remove a Fraudulent Lien CPR 12.004 – 12.007Sec. 12.004. VENUE. An action under this chapter may be brought in any district court in the county in which the recorded document is recorded or in which the real property is located.Sec. 12.005. FILING FEES. (a) The fee for filing an action under this chapter is $15. The plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as provided by Subsection (b), the plaintiff may not be assessed any other fee, cost, charge, or expense by the clerk of the court or other public official in connection with the action.(b) The fee for service of notice of an action under this section charged to the plaintiff may not exceed:

(1) $20 if the notice is delivered in person; or(2) the cost of postage if the service is by registered or certified mail.

(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file with the court an affidavit of inability to pay under the Texas Rules of Civil Procedure.(d) If the fee imposed under Subsection (a) is less than the filing fee the court imposes for filing other similar actions and the plaintiff prevails in the action, the court may order a defendant to pay to the court the differences between the fee paid under Subsection (a) and the filing fee the court imposes for filing other similar actions.

Sec. 12.006. PLAINTIFF'S COSTS. (a) The court shall award the plaintiff the costs of bringing the action if:

(1) the plaintiff prevails; and(2) the court finds that the defendant, at the time the defendant

caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent, as described by Section 51.901(c), Government Code.(b) For purposes of this section, the costs of bringing the action include all court costs, attorney's fees, and related expenses of bringing the action, including investigative expenses.Sec. 12.007. EFFECT ON OTHER LAW. This law is cumulative of other law under which a person may obtain judicial relief with respect to a recorded document or other record.

Filing to Remove a Fraudulent Lien CPR 12.004 – 12.007

Eminent Domain/ Condemnation Filing PC 21.013 – 21.014• Sec. 21.013. VENUE; FEES AND PROCESSING FOR SUIT FILED IN DISTRICT COURT. (a) The venue

of a condemnation proceeding is the county in which the owner of the property being

condemned resides if the owner resides in a county in which part of the property is located.

Otherwise, the venue of a condemnation proceeding is any county in which at least part of the

property is located.

• (b) Except where otherwise provided by law, a party initiating a condemnation proceeding in a

county in which there is one or more county courts at law with jurisdiction shall file the petition

with any clerk authorized to handle such filings for that court or courts.

• (c) A party initiating a condemnation proceeding in a county in which there is not a county court

at law must file the condemnation petition with the district clerk. The filing fee shall be due at

the time of filing in accordance with Section 51.317, Government Code.

• (d) District and county clerks shall assign an equal number of eminent domain cases in rotation to

each court with jurisdiction that the clerk serves.

• Sec. 21.014. SPECIAL COMMISSIONERS. (a) The judge of a court in which a condemnation petition is filed or to which an eminent domain case is assigned shall appoint three disinterested real property owners who reside in the county as special commissioners to assess the damages of the owner of the property being condemned. The judge appointing the special commissioners shall give preference to persons agreed on by the parties. The judge shall provide each party a reasonable period to strike one of the three commissioners appointed by the judge. If a person fails to serve as a commissioner or is struck by a party to the suit, the judge shall appoint a replacement.• (b) The special commissioners shall swear to assess damages fairly, impartially,

and according to the law.• (c) Special commissioners may compel the attendance of witnesses and the

production of testimony, administer oaths, and punish for contempt in the same manner as a county judge.

Eminent Domain/ Condemnation Filing PC 21.013 – 21.014

Annual Meeting Requirement of a board BOC- 22.154 – 22.156• Sec. 22.154. FAILURE TO CALL ANNUAL MEETING. (a) If the board of directors of a

corporation fails to call the annual meeting of members when required, a member of the corporation may demand that the meeting be held within a reasonable time. The demand must be made in writing and sent to an officer of the corporation by certified or registered mail, return receipt requested, or by other means specified in the corporation's governing documents.• (b) If a required annual meeting is not called before the 61st day after the date of

demand, a member of the corporation may compel the holding of the meeting by legal action directed against the board of directors, and each of the extraordinary writs of common law and of courts of equity are available to the member to compel the holding of the meeting. Each member has a justiciable interest sufficient to enable the member to institute and prosecute the legal proceedings.• (c) Failure to hold a required annual meeting at the designated time does not

result in the winding up and termination of the corporation.

Writ of Habeas Corpus Ad ProsequendumFederal Procedure Chapter 36.126

Writ of Habeas Corpus Ad TestifcandumFederal Procedure Chapter 36.109

Governor’s Warrant CCP 51.09 – 51.13• A governor’s warrant -- also called an extradition warrant -- starts the

extradition process for a person who flees a state to avoid arrest or prosecution. Unlike a search or arrest warrant that a magistrate or judge signs, a governor's warrant can only be issued by the governor or a person appointed to act as a representative. It also can only be issued for the purpose of returning a fugitive who’s been arrested in another state back to the charging state. As an example, a governor’s warrant could be issued to extradite a defendant who skipped bail in Texas and was arrested in Florida six months later.

• DEFINITION: A document issued by one court to a foreign court, requesting that the foreign court (1) take evidence from a specific person within the foreign jurisdiction or serve process on a person within the foreign jurisdiction and (2) return the testimony or proof of service for use in a pending case. See also Letters of Request. Black’s Law Dictionary.

• 201.1 – Deposition in Foreign Jurisdictions for Use in Texas Proceedings• 201.2 – Depositions in Texas for Use in Proceedings in Foreign Jurisdictions

Out of State Subpoena/Letters RogatoryTx Rules of Civ. P 201 – 202.4

Out of State Subpoena/Letters RogatoryTx Rules of Civ. P 199 – 202.4201.1 -(a) Generally. A party may take a deposition… of any person or entity located in another state or foreign jurisdiction…• (1) Notice• (2) Letter rogatory, letter of request, or other such device• (3) Agreement of the parties; or• (4) Court Order

• 201.2 – (Goes both ways) If a foreign jurisdiction issues a mandate, writ, or commission requiring a witness to give testimony, he can be compelled to appear and testify “in the same manner and by the same process used for taking testimony in a proceeding pending in this State.”

• CPRC §20.002 is the exact same language as Rule 201.2

• Clerk’s Duty: If the Foreign Jurisdiction order is presented for filing, file it as a new case. OCA category – All Other Civil. May have to issue citations, etc.

• Clerk’s Fees: Full Civil Fees plus issuance if requested

Out of State Subpoena/Letters RogatoryTx Rules of Civ. P 199 – 202.4

REVIVING JUDGMENTS• Generally - If a judgment becomes dormant, it may be revived by

“scire facias or an action of debt” which must be brought within two years of the anniversary of the date upon which the judgment became dormant. C.P.R.C.• 31.006. A scire facias asks the court which rendered the original

judgment to revive such judgment on its records, whereas an action of debt seeks to obtain a new judgment which is predicated upon there having been a prior judgment which should still be enforced.

Revival of a Judgment by Scire FaciasTex. Civ. Prac. & Rem.Code 31.006

• Pleading Requirements - A scire facias proceeding is initiated by the

filing of a Application for Writ of Scire Facias which seeks the issuance

of the Writ of Scire Facias and the setting of a hearing. (Can be filed to revive

judgement because of timeline or death of a party to the underlying suit.)

• The writ itself is in the form of a notice of hearing to show cause as to

why the relief requested should not be granted.

• The Application for Writ of Scire Facias is essentially the Original

Petition and contains all the allegations and recitals of previous

proceedings necessary to show the plaintiff's right, and that he is entitled to all the judgment or relief prayed for in the action.

• Filed as New case- Other Civil; New Civil fees apply

Revival of a Judgment by Scire FaciasTex. Civ. Prac. & Rem.Code 31.006

Sequestration (Writ & Bond)Tx Rules of Civ. P Rules 696 - 716• Definition- Sequestration in equity, the act of seizing or taking

possession of the property belonging to another, and holding it “until the profits have paid the demand for which it was taken.”• TRCP-Rule 696 & 698- Either at the commencement of a suit or at

any time during its progress the plaintiff may file an application for a writ of sequestration. The application shall be supported by affidavits of the plaintiff, his agent, his attorney, or other persons having knowledge of relevant facts. No Writ of Sequestration shall be issued except upon written order of the court after a hearing, which may be ex-parte and until the party applying has filed a bond with the officer authorized to issue such writ

• TRCP-Rule 699- Requisites of the Writ- Directed to the sheriff or constable “within” the state of Texas, commanding him to take possession of property, describing the same as in the application of affidavits. A Writ of Sequestration should state when it is returnable though this is not expressly so stated in Rule 699 and should otherwise comply with Rule 15 and be returnable on the Monday next after the expiration of twenty days from the date of service thereof

Sequestration (Writ & Bond)Tx Rules of Civ. P Rules 696 - 716

• TRCP-Rule 700a-Service of Writ on Defendant- The defendant shall be served in any manner provided for service of citation or as provided in Rule21a, with a copy of the application for Writ of Sequestration, accompanying affidavits, and orders of the court as soon as practicable following the levy of the writ. : “To ____________, Defendant: You are hereby notified that certain properties alleged to be claimed by you have been sequestered. If you claim any rights in such property, you are advised: (Rule 699-Prominently displayed on the writ, in ten point type and in the manner calculated to advise a reasonably attentive person of its contents, the following) “YOU HAVE A RIGHT TO REGAIN POSSESSION OF THE PROPERTY BY FILING A REPLEVY BOND. YOU HAVE A RIGHT TO SEEK TO REGAIN POSSESSION OF THE PROPERTY BY FILING WITH THE COURT A MOTION TO DISSOLVE THIS WRIT”. The service should further describe the property, where it is to be found in your county, and state that it shall be kept the same, subject to further order of the court, unless replevied.

Sequestration (Writ & Bond)Tx Rules of Civ. P Rules 696 - 716

Stay of Execution of Judgement (Civil) Tx Rules of Civ. P 634 & Tx Rules of Appellate P• RULE 634. EXECUTION SUPERSEDED The clerk or justice of the peace

shall immediately issue a writ of supersedeas suspending all further proceedings under any execution previously issued when a supersedeas bond is afterward filed and approved within the time prescribed by law or these rules.• TRAP 24.1 specifies the methods for superseding a judgment. Most

common are posting a bond signed by a “sufficient surety” or depositing a cash bond with the clerk of the court. • When would a stay of execution be filed? In Texas, a Writ of

Execution cannot be issued until 30 days after a judgment is signed or a timely motion for new trial is overruled.

• The dollar amount? To suspend enforcement of a money judgment, the appellant ordinarily must provide security equal to the sum of “compensatory damages,” costs, prejudgment interest, and postjudgment interest for the estimated duration of the appeal (usually a year, subject to being increased if the appeal lingers). The judgment debtor bears the burden to prove net worth; the judgment creditor may take discovery on that issue.

• What about non-money judgments? Non-money judgments, such as permanent injunctions, also can be superseded, Under TRAP 24.2(a)(3), a court can suspend enforcement of a non-money judgment upon deposit of security that will “adequately protect the judgment creditor against loss or damage that the appeal might cause.”

• What if the trial court gets it wrong? If either party is dissatisfied with the trial court’s ruling on most issues relating to supersedeas/stay of execution, that party may file a motion in the Court of Appeals, seeking review. The motion “must be heard at the earliest practical time,” and review may be based either on the facts before the trial court or on subsequent developments (for example, changes in the appellant’s net worth).

Stay of Execution of Judgement (Civil) Tx Rules of Civ. P 634 & Tx Rules of Appellate P 24

Certificate of No Execution on Dormant Judgment• Judgments in Texas (except for child support judgments) are good

only for ten years. "If a writ of execution is not issued within 10 years

after the rendition of a judgment of a court of record or a justice

court, the judgment is dormant and execution may not be issued on

the judgment unless it is revived."

• Form: (Style of Case- Jurisdiction, Court, Case number) The records of

this Court in which the judgment was rendered ____day of ______,

do not indicate a levy of execution has been issued to renew the

judgment. (Sign and Seal)

Foreign Judgment Civil Practice and R Code –Chapter 35• Sec. 35.003. FILING AND STATUS OF FOREIGN JUDGMENTS. (a) A

copy of a foreign judgment authenticated in accordance with an act of congress or a statute of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state.

(b) The clerk shall treat the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed.

(c) A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying a judgment as a judgment of the court in which it is filed.

• Sec. 35.004. AFFIDAVIT; NOTICE OF FILING. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor.

(b) The judgment creditor or the judgment creditor's attorney shall:

(1) promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address provided for the judgment debtor under Subsection (a); and

(2) file proof of mailing of the notice with the clerk of the court.

(c) The notice must include the name and post office address of the judgment creditor and if the judgment creditor has an attorney in this state, the attorney's name and address.

(d) On receipt of proof of mailing under Subsection (b), the clerk of the court shall note the mailing in the docket.

Foreign Judgment Civil Practice and R Code –Chapter 35

Sec. 35.006. STAY. (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, that the time for taking an appeal has not expired, or that a stay of execution has been granted, has been requested, or will be requested, and proves that the judgment debtor has furnished or will furnish the security for the satisfaction of the judgment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated.(b) If the judgment debtor shows the court a ground on which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period and require the same security for suspending enforcement of the judgment that is required in this state in accordance with Section 52.006.

Foreign Judgment Civil Practice and R Code –Chapter 35

• Sec. 35.007. FEES. (a) A person filing a foreign judgment shall pay to the clerk of the court the amount as otherwise provided by law for filing suit in the courts of this state.

(b) Filing fees are due and payable at the time of filing.(c) Fees for other enforcement proceedings are as provided by law for judgments of the courts of this state.

Foreign Judgment Civil Practice and R Code –Chapter 35

• NOTICE OF FILING OF REGISTRATION OF DIVORCE AND CUSTODY DECREE AND REGISTRATION OF FOREIGN SUPPORT

• Section 152.305 Registration of Child Custody Determination

(1) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(2) A hearing to contest the validity of the registered determination must be requested within twenty days after service of notice; and

(3) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

Foreign Judgment Family Code Sec. 152.305 & 159.605

• Section 159.605 Notice of Registration of Order• (1) That a registered order is enforceable as of the date of registration in

the same manner as an order issued by a tribunal of this state;• (2) That a hearing to contest the validity or enforcement of the registered

order must be requested within 20 days;• (3) That failure to contest the validity or enforcement of the registered

order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; • (4) Of the amount of any alleged arrearages.

Foreign Judgment Family Code Sec. 152.305 & 159.605

Questions or your Twilight Zone experiences?

Velva Price-Travis County District ClerkVelva.Price@traviscountytx.gov

Sheri WoodfinTom Green County District ClerkSheri.woodfin@co.tom-green.tx.us