§ 1993.Warrant for absent witness

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.