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In a Probate Court can arrest warrants and search warrants be issued by the judge?
Anonymous2 views2 answers
We've been told this can be issued by a probate judge in order to get documents that were requested but never received by the other person. Can this legally be done by a probate judge or would this have to be done in a criminal court?
Yes and no. Probate courts cannot issue arrest warrants or search warrants. Those are criminal writs. But, a probate court can hold an individual in contempt and issue a bench warrant to bring them before the judge to explain why they have not complied with a previous order. There are several procedural steps that must be followed to get to that point, however.
Peter Walter WestonBankruptcy AttorneyBellaire, TX ·
Yes, a probate judge can hold persons in contempt of court for failure to follow its discovery orders, which are necessary for the prosecution of the cause of action.
This includes documents in your inquiry.
This is civil contempt, not criminal, and limited incarceration in jail is allowed as a coercive measure.
