§ 1215.Discharge of Person Arrested Upon Executing and Delivering Undertaking
Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026
Full Text of § 1215
Plain-English Summary
Custody under a contempt warrant isn't necessarily the end of the story before the hearing. Section 1215 lets the arrested person get out by giving the officer an undertaking -- a written promise, at any point before the warrant's return day, to appear when the warrant returns and to comply with whatever order the court or judge issues at that point.
This only works if the warrant was endorsed to allow an undertaking under § 1213, since that endorsement sets the dollar amount required. Once the undertaking is executed and delivered, the officer must return both the warrant and the undertaking to the court, as § 1216 requires.
Frequently Asked Questions
How can someone arrested on a contempt warrant get released before the hearing?
By executing and delivering an undertaking to the officer, at any time before the warrant's return day, promising to appear and abide by the court's order.
What does the arrested person promise by signing the undertaking?
To appear on the return of the warrant and to abide by the order the court or judge makes at that time.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 180.