California · Code of Civil Procedure - CCP

CCP §708.170: (a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.

Misdemeanor

What this law says, in plain English

Failing to appear for a court-ordered examination can result in contempt charges or arrest. Willfully making improper service of an examination order that causes wrongful arrest is a misdemeanor offense.

Read the full statutory text

(a) If an order requiring a person to appear for an examination under subdivision (e) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear: (1) The court may do either of the following: (A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt. (B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993. (2) If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney’s fees incurred in the examination proceeding. Attorney’s fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment. (b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.

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