Rule 4.030.Procedure for Order of Transportation
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 4.030
Plain-English Summary
When a party asks the court to have someone brought from a jail or prison to another place, the motion cannot travel alone. It must be accompanied by a separate proposed court order directing the sheriff to transport the person to and from the designated place at the appointed time. Drafting the order for the judge is the moving party's job, and keeping it as its own document means the signed order can be handed straight to the sheriff.
The proposed order has to be specific enough to act on. It must state the dates and times the person in custody is to appear at the designated place and the dates and times the person is to be returned to the place of confinement. It must give the exact location of the designated place, not a general description of the building or the city.
If the person in custody is coming as a witness in a court proceeding, the order must also carry the caption and number of that case. A witness in custody may be returned to the place of confinement only after the judge presiding over the proceeding signs an order of release, so plan for that signature before the day ends rather than after the courtroom has cleared.
Frequently Asked Questions
What do I file to get someone brought to court from jail?
File a motion asking that the person in custody be transported, and attach a separate proposed court order directing the sheriff to transport the person to and from the designated place at the appointed time.
Does the proposed order have to be a separate document?
Yes. The rule calls for a separate proposed court order accompanying the motion, rather than an order folded into the motion itself.
What information must a transport order include?
The dates and times the person is to appear at the designated place and be returned to the place of confinement, and the exact location of the designated place. If the person is appearing as a witness, the order must also state the caption and number of the case.
What if the person in custody is coming as a witness?
The order carries the caption and number of the case in addition to the dates, times, and location. The witness may be returned to the place of confinement only after the judge presiding over the proceeding signs an order of release.
Can an in-custody defendant appear without being transported?
Other rules in this chapter address appearing by remote means and by electronic transmission. This rule governs the paperwork for a physical trip: the motion and the proposed order directing the sheriff.