§ 1220.Failure of Person Arrested to Appear On Return Day
Title 5. Of Contempts · Last amended 1982 · Last verified July 29, 2026
Full Text of § 1220
Plain-English Summary
Posting an undertaking under § 1215 doesn't guarantee the person will show up as promised. Section 1220 tells the court what to do when they don't: once the warrant has been returned served but the person fails to appear on the return day, the court can issue another warrant of arrest, order the undertaking enforced, or do both.
If the court enforces the undertaking, the damages aren't capped at the undertaking's face amount as a matter of course -- they're measured by the loss or injury the aggrieved party suffered because of the misconduct that led to the warrant in the first place. That ties the remedy back to the harm the contempt caused, not just a forfeiture.
Frequently Asked Questions
What happens if someone doesn't show up after posting an undertaking in a contempt case?
The court may issue another warrant of arrest, order the undertaking enforced, or both, under § 1220.
How are damages calculated when an undertaking is enforced?
By the extent of the loss or injury the aggrieved party sustained because of the misconduct that led to the original warrant.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 181.