Rule 64.1.Civil arrest warrant.

Last verified July 1, 2026

In one sentenceRule 64.1 lets a court issue a civil arrest warrant to bring in someone who has disobeyed a prior order to appear, without creating any new substantive power of arrest.

Full Text of Rule 64.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Nonsubstantive nature of rule; illustrative uses. This rule does not create a substantive basis for the power of arrest. Rather, it sets forth the procedure for a court to exercise its inherent power to command the attendance in court of persons who disobey a prior order to appear in a civil action. The procedure described in this rule can be used, for example, if a witness ignores a subpoena, a juror disobeys an order to report for jury duty, a judgment debtor fails to appear for supplemental proceedings, a person disobeys an order to appear for a deposition, or a person is in contempt of an order to report to jail as directed.

(b) Defined. A “civil arrest warrant” is a court order in a noncriminal matter, directed to any peace officer in the state, to arrest the individual named in the order and to bring such person before the issuing court.

(c) When issued. The court may, on motion or on its own, issue a civil arrest warrant if it finds that the person against whom the warrant is directed has failed to appear:

(1) after the court ordered the person to appear at a specific time and location, and after the person received actual notice of such order, including a warning that failure to appear might result in the issuance of a civil arrest warrant; or

(2) after the person was served personally with a subpoena to appear in person, at a specific time and location, which contained a warning that failure to appear might result in the issuance of a civil arrest warrant.

(d) Content of warrant.

(1) Identification of the person to be arrested. The warrant must contain the name of the person to be arrested and a description by which such person can be identified with reasonable certainty.

(2) Command to appear. The warrant must command that the person named be brought before the issuing judge or, if the judge is absent or unable to act, the nearest or most accessible judge in the same county.

(3) Bond. The warrant must set forth a bond in a reasonable amount to guarantee the appearance of the arrested person, or direct that the arrested person be held without bond until they are seen by a judge.

(e) Time and manner of execution. A civil arrest warrant is executed by the arrest of the person named in it. The arrested person must be brought before the issuing judge, or the nearest available judge, within 24 hours after the warrant is executed or sooner if practicable.

(f) Court’s duty after execution of warrant. The judge must advise the arrested person of the nature of the proceedings, release the arrested person on the least onerous terms and conditions that reasonably guarantee the required appearance, and set the date of the next court appearance.

(g) Bond forfeiture. The procedure for the forfeiture of bonds in criminal actions applies.

End

Amendment History

Promulgated by R-16-0010, effective January 1, 2017.

Plain-English Summary

Courts sometimes need a way to compel someone's appearance after that person has already ignored an order to show up — a witness who skips a subpoena, a juror who disobeys a summons for jury duty, a judgment debtor who fails to appear for supplemental proceedings, or someone who disregards an order to appear for a deposition or report to jail. Rule 64.1 sets out the procedure for exercising a court's existing, inherent power to command that appearance through a civil arrest warrant, directed to any peace officer in the state. The rule doesn't create any new power of arrest; it channels an existing one into a defined process.

A court may issue the warrant, on its own or on motion, once it finds that the person failed to appear after receiving actual notice of an order to appear, or after being personally served with a subpoena warning that failure to appear could lead to arrest. The warrant must identify the person to be arrested, direct that they be brought before the issuing judge or another available judge, and set a reasonable bond or specify that the person be held without bond until seen by a judge. Once arrested, the person must be brought before a judge within 24 hours, who then advises them of the proceedings, releases them on the least restrictive conditions that reasonably guarantee their next appearance, and sets that next court date.

Frequently Asked Questions

Does Rule 64.1 give courts a new power to arrest people?

No. It only sets out the procedure for a court to exercise its existing, inherent power to command the appearance of someone who has already disobeyed an order to appear.

What situations does a civil arrest warrant typically address?

A witness ignoring a subpoena, a juror disobeying a jury-duty order, a judgment debtor skipping supplemental proceedings, or someone disregarding an order to appear for a deposition or report to jail.

What has to happen after someone is arrested under this rule?

They must be brought before the issuing judge, or the nearest available judge, within 24 hours, and the judge must advise them of the proceedings and release them on the least restrictive conditions that reasonably ensure their next appearance.

Source & verification. The rule text and History are reproduced verbatim from the official Arizona Rules of Civil Procedure (Ariz. R. Civ. P. 64.1). Prescribed by the Supreme Court of Arizona (Ariz. Const. art. 6, § 5). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: civil arrest warrant rulewarrant for failure to appearbench warrant civil casewarrant to compel appearance