I am not a civil attorney...which I'm sure is clear by my repeated posts on CH 59 questions.

I've got a few guys in the pen, some state and some fed. For whatever reason (they pled before we got the paperwork or the feds took them, whatever) they do not have pending cases here. So, I can't have the trial ADA include the seizure with a plea.

I have sent a discovery request by certified mail. Of course they don't let the actual prisoner sign the certified mail return.

So, what do y'all do in this situation?

Also, what do you do when the dope dealer says he doesn't know or doesn't have access to the information you requested in your discovery request?

I really hate civil law.

Set it for a non-jury trial and take a default. Criminal defendants do not have a right to attend civil proceedings.

Your judges don't give you a hard time?

One of our judges wants me to bench warrant a federal prisioner on a $911 seizure.

I don't have the citation, but there is caselaw to back us up in NOT bench warranting a criminal defendant to a civil hearing. There was a previous thread that ran this as well. Our judges are glad to move a case off the docket!

I think the claimant/respondent needs to apply for a "Writ of habeas corpus ad testificandum" if they wish to appear and testify. Beyond giving the parties notice, I do not know of any duty for the court cause a party to appear.

$13,720 v. State of Texas, 2004 Tex. App. LEXIS 9029

Thanks guys.
Now I'll figure out away to get the authority before the judge and see if it flies.