What is this form for?

This form is a Capias, which is a legal order commanding a peace officer to arrest someone. It is used when a person fails to appear in court or is accused of contempt of court.

Who fills out this form?

The form is issued by the court, and the deputy clerk signs it. The peace officer fills out the return section after making the arrest.

FM-AV-104-CapiasLegal-aid form

Capias

Texas · TexasLawHelp.org

This form is a legal notice called a Capias. It is used to officially command a peace officer to arrest a person who has failed to appear in court or who is accused of contempt of court.

The court describes it as: The district clerk issues a capias for Respondent's arrest if the judge orders it because Respondent did not appear.

Open the official PDFfrom TexasLawHelp.org

Where this fits in a case

Motions

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Stage: Motions

This form is used when a judge orders an arrest because a person named in the case did not show up when they were supposed to.

Prepared by the court or clerk.

Common questions

What is this form for?: This form is a Capias, which is a legal order commanding a peace officer to arrest someone. It is used when a person fails to appear in court or is accused of contempt of court.
Who fills out this form?: The form is issued by the court, and the deputy clerk signs it. The peace officer fills out the return section after making the arrest.

Revision history

No changes recorded since we started tracking this form on October 9, 2026.

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