Whenever a warrant of attachment is issued pursuant to this title the court or judge must direct, by an endorsement on the warrant, that the person charged may give an undertaking for the person's appearance in an amount to be specified in such endorsement.
§ 1213.Undertaking For Person's Appearance
Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026
In one sentenceSection 1213 requires the court or judge issuing a warrant of attachment in a contempt case to endorse it with language allowing the accused person to post an undertaking, in a court-specified amount, to secure their release pending appearance.
Full Text of § 1213
Plain-English Summary
A warrant of attachment doesn't have to mean sitting in custody until the hearing. Section 1213 requires the issuing court or judge to endorse the warrant itself with a statement allowing the person charged to give an undertaking for their appearance, and to specify the dollar amount of that undertaking right on the warrant.
That endorsement is what makes § 1215's discharge procedure available -- a person can't be released on an undertaking unless the warrant already authorizes one and states the amount. The officer executing the warrant, described in § 1214, looks to this endorsement to know whether release on an undertaking is even available.
Frequently Asked Questions
Does a contempt warrant automatically allow release on an undertaking?
Yes. Section 1213 requires the court to endorse every warrant of attachment with language allowing an undertaking for the person's appearance.
Who decides the dollar amount of the undertaking?
The court or judge issuing the warrant specifies the amount in the endorsement on the warrant itself.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 179.5.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: undertaking for appearance contempt warrant californiabail contempt warrant california