Rule 94.Civil and Child Support Arrest Warrants

Rule 94 is the only rule in the ruleset authorizing an arrest, and it is written tightly.

Two kinds of warrant

A civil arrest warrant is an order in a non-criminal matter directing any peace officer in Arizona to arrest the named person and bring them before the court. A child support arrest warrant is the same thing in a non-criminal child support matter.

When a civil warrant may issue

Three findings, all required: the person was required to appear personally at a specific time and place by an order to appear or subpoena; they received actual notice of that order or subpoena including a warning that failure to appear may result in a civil arrest warrant; and they failed to appear.

The warning requirement is what makes Rule 92(c)'s mandatory language matter -- an order to appear that omits it cannot support a warrant. Child support arrest warrants issue as A.R.S. section 25-681(A) provides in actions under section 25-502.

Contents and effectiveness

Only a court may issue either warrant. It must name the person and describe them well enough to be identified with reasonable certainty, carry the information needed for entry into the Arizona criminal justice information system, and command arrest and either remand to the sheriff's custody or production before the issuing judicial officer -- or the nearest accessible superior court judicial officer in the same county if that officer is absent.

A warrant remains in effect until executed or extinguished by a court. A civil warrant must include a reasonable bond amount or non-monetary terms and conditions assuring appearance. A child support warrant must conform to A.R.S. sections 25-681 and 25-683, and must state the amount the person must pay to be released.

Execution, and the night-time limit

Unless the court orders otherwise for good cause, a civil arrest warrant may not be executed between 10:00 p.m. and 6:30 a.m. The arrested person must be brought before the issuing judicial officer -- or the nearest accessible one in the same county -- within 24 hours of execution. If arrested in a different county, the arresting officer must notify the sheriff of the issuing county, who must take custody as soon as possible.

What the judge must do

After a civil arrest warrant is executed, the judicial officer must advise the person of the nature of the proceeding, set the least onerous terms and conditions of release that reasonably guarantee the required appearance, and set the next court date. For a child support warrant the judicial officer proceeds under A.R.S. section 25-683.

Bond forfeiture on a civil arrest warrant follows Rule 7.6 of the Arizona Rules of Criminal Procedure.