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§ 1215.Discharge of Person Arrested Upon Executing and Delivering Undertaking

Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026

In one sentenceSection 1215 lets a person arrested on a contempt warrant secure release before the warrant's return day by executing and delivering to the officer an undertaking promising to appear on the return date and abide by whatever order the court or judge makes.

Full Text of § 1215

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The person arrested must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, an undertaking to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge thereupon.

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.

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: release on undertaking contempt californiadischarge from contempt arrest california