Arizona

Family Law

Family Law

Rule 94 – Civil and Child Support Arrest Warrants

(a)Definitions.

(1)Civil Arrest Warrant. A “civil arrest warrant” is an order issued in a non-criminal matter that directs any peace officer in Arizona to arrest the person named in the warrant and to bring that person before the court.
(2)Child Support Arrest Warrant. A “child support arrest warrant” is an order issued in a non-criminal child support matter that directs any peace officer in Arizona to arrest the person named in the warrant and to bring that person before the court.
(b)When Issued.

(1)Civil Arrest Warrant. On a party’s motion or on its own, the court may issue a civil arrest warrant if it finds that the person named in the warrant:

(A) was required to appear personally at a specific time and location by an order to appear or a subpoena;
(B) received actual notice of that order or subpoena, including a warning that failure to appear may result in the issuance of a civil arrest warrant; and
(C) failed to appear.
(2)Child Support Arrest Warrant. In any action under A.R.S. § 25-502, the court may issue a child support arrest warrant as provided in A.R.S. § 25-681(A) on a party’s motion or own its own.
(c) Warrant’s Issuance, Content, and Effectiveness.

(1)Issuance. Only a court may issue a civil arrest or child support arrest warrant.
(2)Content. The warrant must:

(A) contain the name of the person to be arrested, a description by which the person can be identified with reasonable certainty, and any information required to enter the warrant into the Arizona criminal justice information system; and
(B) command the arrest of the named person and that the person be either remanded to the custody of the sheriff or brought before the issuing judicial officer or the nearest or most accessible judicial officer of the superior court in the same county if the issuing judicial officer is absent or unable to act.
(3)Effectiveness. A warrant that is issued pursuant to this rule remains in effect until it is executed or a court extinguishes it.
(4)Bond and Release Amount.

(A)Civil Arrest Warrant. A civil arrest warrant must include a reasonable bond amount or other non-monetary terms and conditions that assure the person will appear in court.
(B)Child Support Arrest Warrant. A court must issue a child support arrest warrant in conformity with A.R.S. §§ 25-681 and 25-683. The court must determine, and the warrant must state the amount the person must pay to be released from custody.
(d)Time and Manner of Execution.

(1)Civil Arrest Warrant.

(A)Execution. A civil arrest warrant is executed by the arrest of the person named in the warrant. Unless the court orders otherwise for good cause, a civil arrest warrant may not be executed between the hours of 10:00 p.m. and 6:30 a.m.
(B)Procedure After Arrest. The arrested person must be brought before the issuing judicial officer-or if that judicial officer is absent or unable to act, the nearest or most accessible judicial officer of the superior court of the same county-within 24 hours of the warrant’s execution.
(C)Notice to Sheriff of the Issuing County. If the person is arrested in a county other than the issuing county, the arresting officer must notify the sheriff in the issuing county, who must take custody of the arrested person as soon as possible and bring the person before the issuing judicial officer.
(2)Child Support Arrest Warrant. A child support arrest warrant must be executed in a time and manner that complies with A.R.S. § 25-682.
(e)Duty of Court After a Warrant’s Execution.

(1)Civil Arrest Warrant. After a civil arrest warrant is executed, the judicial officer must:

(A) advise the arrested person of the nature of the proceeding;
(B) set the least onerous terms and conditions of release that reasonably guarantee the person’s required appearance; and
(C) set the date of the next court appearance.
(2)Child Support Arrest Warrant. After a child support arrest warrant is executed, the judicial officer must proceed as provided in A.R.S. § 25-683.
(f)Forfeiture of Bond on a Civil Arrest Warrant. The procedure for forfeiture of bonds in criminal cases under Rule 7.6 of the Arizona Rules of Criminal Procedure applies to the forfeiture of bonds on civil arrest warrants.

Ariz. R. Fam. Law. proc. 94

Added Oct. 19, 2005, effective Jan. 1, 2006. Amended Sept. 5, 2007, effective Jan. 1, 2008; Sept. 2, 2014, effective Jan. 1, 2015; amended effectiveJan. 1, 2019.