14-5701. Fiduciary arrest warrants

A. In an action or proceeding to enforce a court action in a case filed pursuant to this title or title 41, chapter 4, article 1, or on motion by a party or on its own motion, the court may issue a fiduciary arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:

1. The person was ordered by the court to appear personally at a specific time and location.

2. The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a fiduciary arrest warrant.

3. The person failed to appear as ordered.

B. The judicial officer shall order the fiduciary arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, before the nearest or most accessible judicial officer of the superior court in the same county. The warrant issued pursuant to this section remains in effect until it is executed or extinguished by the court.

C. The warrant shall set forth a bond in a reasonable amount to guarantee the appearance of the arrested person or an order that the arrested person be held without bond until the arrested person is seen by a judicial officer.

D. A peace officer acting pursuant to a fiduciary arrest warrant has the same powers as if acting pursuant to a criminal arrest warrant.

14-5701. Fiduciary arrest warrants

A. In an action or proceeding to enforce a court action in a case filed pursuant to this title or title 41, chapter 4, article 1, or on motion by a party or on its own motion, the court may issue a fiduciary arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought:

1. The person was ordered by the court to appear personally at a specific time and location.

2. The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a fiduciary arrest warrant.

3. The person failed to appear as ordered.

B. The judicial officer shall order the fiduciary arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, before the nearest or most accessible judicial officer of the superior court in the same county. The warrant issued pursuant to this section remains in effect until it is executed or extinguished by the court.

C. The warrant shall set forth a bond in a reasonable amount to guarantee the appearance of the arrested person or an order that the arrested person be held without bond until the arrested person is seen by a judicial officer.

D. A peace officer acting pursuant to a fiduciary arrest warrant has the same powers as if acting pursuant to a criminal arrest warrant.