Arizona

Civil Procedure

Civil Procedure

Rule 64.1 – Civil Arrest Warrant

(a) Nonsubstantive Nature of Rule; Illustrative Uses. This rule does not create a substantive basis for the power of arrest. Rather, it sets forth the procedure for a court to exercise its inherent power to command the attendance in court of persons who disobey a prior order to appear in a civil action. The procedure described in this rule can be used, for example, if a witness ignores a subpoena, a juror disobeys an order to report for jury duty, a judgment debtor fails to appear for supplemental proceedings, a person disobeys an order to appear for a deposition, or a person is in contempt of an order to report to jail as directed.
(b) Defined. A “civil arrest warrant” is a court order in a noncriminal matter, directed to any peace officer in the state, to arrest the individual named in the order and to bring such person before the issuing court.
(c) When Issued. The court may, on motion or on its own, issue a civil arrest warrant if it finds that the person against whom the warrant is directed has failed to appear:

(1) after the court ordered the person to appear at a specific time and location, and after the person received actual notice of such order, including a warning that failure to appear might result in the issuance of a civil arrest warrant; or
(2) after the person was served personally with a subpoena to appear in person, at a specific time and location, which contained a warning that failure to appear might result in the issuance of a civil arrest warrant.
(d) Content of Warrant.

(1)Identification of the Person to Be Arrested. The warrant must contain the name of the person to be arrested and a description by which such person can be identified with reasonable certainty.
(2)Command to Appear. The warrant must command that the person named be brought before the issuing judge or, if the judge is absent or unable to act, the nearest or most accessible judge in the same county.
(3)Bond. The warrant must set forth a bond in a reasonable amount to guarantee the appearance of the arrested person, or direct that the arrested person be held without bond until they are seen by a judge.
(e) Time and Manner of Execution. A civil arrest warrant is executed by the arrest of the person named in it. The arrested person must be brought before the issuing judge, or the nearest available judge, within 24 hours after the warrant is executed or sooner if practicable.
(f) Court’s Duty After Execution of Warrant. The judge must advise the arrested person of the nature of the proceedings, release the arrested person on the least onerous terms and conditions that reasonably guarantee the required appearance, and set the date of the next court appearance.
(g) Bond Forfeiture. The procedure for the forfeiture of bonds in criminal actions applies.

Ariz. R. Civ. P. 64.1

Amended effective January 1, 2017.