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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)
Unknown Dimensions list: • 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
Delayed Birth Certificate- HSC 192.021 – 192.029 • Health and Safety Code amended Delayed Birth Certificate requirements in the 84 th 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 – 12.007 Sec. 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.
Filing to Remove a Fraudulent Lien CPR 12.004 – 12.007 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.
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.
Eminent Domain/ Condemnation Filing PC 21.013 – 21.014 • 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.
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 Prosequendum Federal Procedure Chapter 36.126
Writ of Habeas Corpus Ad Testifcandum Federal 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.
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