Texas Municipal Courts Education Center (TMCEC) Level 2 Practice Exam

How are cases that involve bond forfeiture and a judgment nisi typically docketed on scire facias?

State of Texas (plaintiff) v Defendant and/or Surety State of Texas v Defendant only Plaintiff v Defendant and Plaintiff v Surety Defendant v State of Texas only

Correct Answer:

State of Texas (plaintiff) v Defendant and/or Surety

Explanation:

In bond forfeiture and a judgment nisi, the court’s docket reflects who may be liable and who is bringing the action. The State of Texas is the plaintiff, and the defendant who posted the bond and the surety are the respondents who may be named. Docketing as “State of Texas (plaintiff) v Defendant and/or Surety” captures that either the principal, the surety, or both can be liable and may be required to appear to show cause why the forfeiture should not become final. The other options don’t fit because they either omit the surety, imply separate lawsuits for the defendant and the surety, or reverse the parties’ roles, which isn’t how bond-forfeiture scire facias cases are structured.

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