If a person arrested on a civil bench warrant issued pursuant to Section 1993 fails to appear after being released on a promise to appear, the court may issue another warrant to bring the person before the court or assess a civil assessment in the amount of not more than one thousand dollars ($1,000), which shall be collected as follows:
§ 1993.2.Failure of released witness to appear as promised
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 2005 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1993.2 lets a court respond to a released person's failure to return to court by issuing another arrest warrant or imposing a civil assessment of up to one thousand dollars, collected like a money judgment after advance mailed notice and a chance to show good cause.
Full Text of § 1993.2
(a) The assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the person by first-class mail to the address shown on the promise to appear or to the person's last known address. If the person appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine, the court shall vacate the assessment.
(b) The assessment imposed under subdivision (a) may be enforced in the same manner as a money judgment in a limited civil case, and shall be subject to the due process requirements governing defense of actions and collection of civil money judgments generally.
Plain-English Summary
Releasing an arrested person on a promise to appear only works if the person keeps that promise. This section handles the case where they don't. If someone arrested on a civil bench warrant under Section 1993 fails to show up in court after being let go on that promise, the court has two options: issue another warrant to bring the person in, or impose a civil assessment of up to $1,000.
The assessment isn't instant. The court has to mail a warning notice, first-class, to the address on the promise to appear or the person's last known address, and the assessment doesn't take effect until at least 10 days after that mailing. If the person shows up within the time the notice specifies and can show good cause for missing court, or for not paying a fine, the court has to vacate the assessment. Once it does take effect, the assessment is enforced the same way a money judgment in a limited civil case would be, with the same due process protections that apply to collecting civil judgments generally.
Frequently Asked Questions
What can a court do if a released person fails to return to court as promised?
Issue another arrest warrant, or impose a civil assessment of up to $1,000.
Does the civil assessment take effect right away?
No. The court must first mail a warning notice, and the assessment doesn't take effect until at least 10 days after that mailing.
Can the person avoid the assessment by showing good cause?
Yes. If the person appears within the time stated in the notice and shows good cause for missing court or paying a fine, the court must vacate the assessment.
How is the civil assessment collected?
The same way a money judgment in a limited civil case is collected, subject to the usual due process protections for civil judgment collection.
Amendment History
(Added by Stats.2005, c. 474 (A.B.1150), § 5.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: civil assessment failure to appear california$1000 penalty missed court date bench warrant