Texas Code of Criminal Procedure 2.101 – Magistrate’s Name On Signed Order
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(a) Any signed order that is issued by a magistrate under this code or any signed order pertaining to a criminal matter that is issued by a magistrate under the Family Code, the Government Code, or other law of this state must include, with the magistrate’s signature, the magistrate’s name in legible handwriting, legible typewritten form, or legible stamp print.
(b) The failure of a magistrate to include the magistrate’s name on an order as provided by Subsection (a) does not affect the validity of the order.
Terms Used In Texas Code of Criminal Procedure 2.101
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A defendant in a criminal action may make a motion to add to an order that does not comply with Subsection (a) the name of the magistrate who signed the order if:
(1) the order is relevant to the action; and
(2) the defendant is unable to identify the magistrate who signed the order.
(d) The supreme court may adopt rules to implement this article.