Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2010 · Last verified July 29, 2026
In one sentenceSection 1993 lets a court issue an arrest warrant, as an alternative to contempt, for a witness who failed to appear under a subpoena or a person who failed to appear under a court order, requiring a prior failure-to-appear notice and specifying exactly what information the warrant must contain.
(a)(1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. The court, upon proof of the service of the subpoena or order, may issue a warrant to the sheriff of the county in which the witness or person may be located and the sheriff shall, upon payment of fees as provided in Section 26744.5 of the Government Code, arrest the witness or person and bring him or her before the court.
(2) Before issuing a warrant for a failure to appear pursuant to a subpoena pursuant to this section, the court shall issue a “failure to appear” notice informing the person subject to the subpoena that a failure to appear in response to the notice may result in the issuance of a warrant. This notice requirement may be omitted only upon a showing that the appearance of the person subject to the subpoena is material to the case and that urgency dictates the person's immediate appearance.
(b)The warrant shall contain all of the following:
(1)The title and case number of the action.
(2)The name and physical description of the person to be arrested.
(3)The last known address of the person to be arrested.
(4)The date of issuance and county in which it is issued.
(5)The signature or name of the judicial officer issuing the warrant, the title of his or her office, and the name of the court.
(6)A command to arrest the person for failing to appear pursuant to the subpoena or court order, and specifying the date of service of the subpoena or court order.
(7)A command to bring the person to be arrested before the issuing court, or the nearest court if in session, for the setting of bail in the amount of the warrant or to release on the person's own recognizance. Any person so arrested shall be released from custody if he or she cannot be brought before the court within 12 hours of arrest, and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest.
(8)A statement indicating the expiration date of the warrant as determined by the court.
(9)The amount of bail.
(10)An endorsement for nighttime service if good cause is shown, as provided in Section 840 of the Penal Code.
(11)A statement indicating whether the person may be released upon a promise to appear, as provided by Section 1993.1. The court shall permit release upon a promise to appear, unless it makes a written finding that the urgency and materiality of the person's appearance in court precludes use of the promise to appear process.
(12)The date and time to appear in court if arrested and released pursuant to paragraph (11).
Plain-English Summary
Contempt isn't the court's only tool for a witness who won't show up. This section gives the court a more direct alternative to the contempt-warrant path under Section 1209: an arrest warrant for a witness who failed to appear under a subpoena, or a person who failed to appear under a court order. Once the party seeking the warrant proves the subpoena or order was served, the court can direct the sheriff of the county where the person is located to make the arrest, and the sheriff carries it out after collecting the statutory fee.
Before jumping straight to a warrant for a missed subpoena, though, the court has to give the person a chance to course-correct: a written failure-to-appear notice warning that a no-show could lead to arrest. That warning can be skipped only on a showing that the person's appearance matters to the case and that the situation is urgent enough to demand immediate attendance.
The section then spells out, item by item, what the warrant itself has to say: the case title and number, a description of the person to be arrested, that person's last known address, when and where the warrant was issued and by whom, the command to arrest tied to the specific date of service, an expiration date, the bail amount, and, when justified, an endorsement allowing nighttime service. It also has to state whether the arrested person can be released on a promise to appear rather than held for bail, and if so, when that person is due back in court. The default favors release on a promise to appear, unless the court makes a written finding that the case is too urgent or the person's appearance too material to allow it.
Frequently Asked Questions
Can a court arrest a witness for missing a subpoena without warning first?
Generally no. The court must first issue a failure-to-appear notice, unless it finds the appearance is material and the situation urgent enough to skip that step.
What information must the arrest warrant include?
Among other things, the case title and number, a description and last known address of the person, the date of issuance, the date the subpoena or order was served, bail amount, an expiration date, and whether the person may be released on a promise to appear.
What happens if the arrested person can't be brought before a court quickly?
The person must be released if not brought before the court within 12 hours of arrest, and can't be arrested at all if the court won't be in session during that window.
Does the law favor releasing an arrested witness rather than holding for bail?
Yes. The court must permit release on a promise to appear unless it makes a written finding that the urgency and materiality of the person's appearance rules that out.
Amendment History
(Added by Stats.2005, c. 474 (A.B.1150), § 3. Amended by Stats.2006, c. 277 (A.B.2369), § 3; Stats.2010, c. 680 (A.B.2394), § 15.)
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:arrest warrant for failing to appear subpoena californiacivil bench warrant witness no show