§ 1216.Return of Warrant and Undertaking

Title 5. Of Contempts · Enacted 1872 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1216 requires the officer who arrested someone on a contempt warrant to return the warrant, along with any undertaking received from the person arrested, to the court by the return day stated on the warrant.

Full Text of § 1216

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The officer must return the warrant of arrest and undertaking, if any, received by him from the person arrested, by the return day specified therein.

Plain-English Summary

This is a short administrative bridge between arrest and hearing. Section 1216 requires the officer who executed the warrant to return it -- and any undertaking the arrested person signed under § 1215 -- to the court by the return day printed on the warrant.

That return is what sets up § 1217's investigation of the charge if the person appears, and what triggers § 1220's consequences -- a new warrant, enforcement of the undertaking, or both -- if the person doesn't show up on the return day.

Frequently Asked Questions

What must the officer do with the warrant and undertaking?

Return both to the court by the return day specified on the warrant of arrest.

What happens after the warrant is returned to the court?

If the person appears, the court investigates the charge under § 1217. If not, § 1220 lets the court issue another warrant, enforce the undertaking, or both.

Amendment History

Enacted 1872.

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: return of contempt warrant california