Need to get bench warrant issued

[seniorjudge]

Just spoke with another court clerk who says I have to submit an ex parte "application" for whatever I want. In this case, a body attachment. He says he has the form for a body attachment so I don't have to write the actual warrant. Then the court will send to sheriff. This is VERY different from what the other clerk says and yes I understand it may not be correct. But for heaven's sake the attorneys I've talked to don't know. A criminal attorney I spoke with said he would just schedule a hearing "to be heard" and point blank ask the judge to issue a warrant. But everyone still thinks I have something to prove which I don't. The judge has already heard evidence and agreed and has signed the order. If this new clerk is right, now all I need is an example of an application for an arrest warrant. Haven't found a form for this in the library thus far. Any ideas?

Seniorjudge: you said "A: Say, in writing, "Judge, I want a warrant for their arrest."

Write the judge a letter, explaining what has happened so far (leaving out all editorial comments) and tell the judge what you want. Ask for a hearing date on your motion. Send copies of your letter to every other party and their lawyer. Follow up. Get a hearing date and tell your side."


I can certainly do this. But why would I send a copy to the other party? They have already recieved a copy of the order not to mention ample opportunity to argue against the contempt charges. I thought the sheriff notifies them of the warrant. Is this just a courtesy or is it necessary? Also, the arrest warrant isn't for just picking them up if they happen to get pulled over for a traffic violation or something else. This is a warrant to go out and aggressively find these folks and bring them in.

Also...do you mail a letter to the judge or just submit it to him through the file clerks? Or is it submitted as a formal written motion?

Note: I even went down to police station for advice. They of course have the DA go through this process.

Thanks for helping. I'm a bit shell shocked at this point.

Q: But why would I send a copy to the other party?

A: Anything filed with the court must be given to the other party.


Q: Also...do you mail a letter to the judge or just submit it to him through the file clerks? Or is it submitted as a formal written motion?

A: The letter is the motion and should be submitted through the clerks. Show on the letter that you sent it to the other party. Ask for a hearing on the motion. Follow up; nothing is done automaticaly.

 

[daffan]

Q: But why would I send a copy to the other party?

A: Anything filed with the court must be given to the other party.


Q: Also...do you mail a letter to the judge or just submit it to him through the file clerks? Or is it submitted as a formal written motion?

A: The letter is the motion and should be submitted through the clerks. Show on the letter that you sent it to the other party. Ask for a hearing on the motion. Follow up; nothing is done automaticaly.

Okay Seniorjudge...Just in case the form for Attachment of Defaulter is incorrect...

Since I have never submitted a "letter" to the judge I just want to be sure I understand proper procedure.

I write a regular (though well worded) letter addressing the judge and the fact I want a "body attachment" issued.

I call the court clerk and calendar a Motion Hearing for getting a warrant.

I send a copy to the defendants.

I go to the filing clerk and ask them to give it to the judge.

I do not use the regular method of filing a motion, ie pleading paper, Notice and Motion, Declaration, Memorandum of Points and Authorities.

Right or wrong?

Thanks

 

[seniorjudge]

Okay Seniorjudge...Just in case the form for Attachment of Defaulter is incorrect...

Since I have never submitted a "letter" to the judge I just want to be sure I understand proper procedure.

I write a regular (though well worded) letter addressing the judge and the fact I want a "body attachment" issued.

I call the court clerk and calendar a Motion Hearing for getting a warrant.

I send a copy to the defendants.

I go to the filing clerk and ask them to give it to the judge.

I do not use the regular method of filing a motion, ie pleading paper, Notice and Motion, Declaration, Memorandum of Points and Authorities.

Right or wrong?

Thanks

I do not use the regular method of filing a motion, ie pleading paper, Notice and Motion, Declaration, Memorandum of Points and Authorities.

You are filing a motion. Post back with results.

 

[daffan]

solution

Okay. For the one person every twenty years that needs this information...

I went to the court and after numerous departments I finally spoke with the manager of the court.

Here's how I am to ask the court for a "body attachment:


File an application (in some courts you can file a motion) called

"Ex parte Application for Attachment for Defaulter".

Attachment for Defaulter IS the equivalent to a civil body arrest warrant/attachment.

Follow all Ex Parte procedures except, as far as I can tell, you cannot include a proposed order because you need the clerk to fill out the Attachment form which they have in their possession.

The "Attachment for Defaulter" is a real form...but it is an "in house" form that the clerk has and they fill out.

Thanks everyone for all your help. I hope this helps the next poor soul out there that can't find any info. All court folks say that no one does this so they do not think it is in print anywhere. huh

I suppose you could file an "Ex Parte Motion for Body Attachment" and they would know what you are talking about...but the above is the official word of the day.