변호사 이재욱의 미국법 이야기 (Attorney Lee's commentary about U.S. law)

BENCH WARRANT
BOOKLET
HOW TO HAVE A
BENCH WARRANT
SERVED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
To have a bench warrant served, refer to and fill out the following forms:
Bench Warrant Instructions (form L1166)
Bench Warrant (form L525)
Sheriff Service Instructions (form OCSD2)Information –Bench Warrant Instructions
L1166 (Rev. May 13, 2011)
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
www.occourts.org
BENCH WARRANT INSTRUCTIONS
A Bench Warrant is an order of the Court directing a Sheriff within the State of California to
arrest a person and bring him or her to the Court.
If a Bench Warrant has been authorized by the court on your case and you want to proceed
with the warrant, please do the following:
 Complete the Bench Warrant (#L525) and the Sheriff Service Instructions (#OCSD2).
 Identifying information must be entered on the Bench Warrant or it may not be entered
into the Sheriff’s warrant system. Please include as much information on the Service
Instructions as possible. For example, is there more than one address at which the
person can be found? Is there a particular time of the day when the party can most
likely be reached at a particular address? Do you know what kind of car the person
drives? Does he or she have any unique characteristics? If the Sheriff (or other
peace officer) is not given enough information, it may be impossible to serve the
warrant.
 Please submit the appropriate fees, if applicable, with the warrant. Go to the Sheriff’s
website of the county where your warrant will be served to obtain current fees.
 If your warrant is for an out-of-county Sheriff, please provide address for Sheriff and
return this page along with documents noted below:
Address: ________________________________________________________
City: _________________________________ Zip code: __________________
 Hand deliver or mail the completed Bench Warrant, Sheriff Service Instructions, and
any required fee to the Clerk’s Office at the Justice Center where your case is filed.
The Clerk’s Office will issue the warrant as appropriate and forward the completed
Bench Warrant and fee to the Sheriff’s Department.
Should an agreement be reached between you and the party the warrant was issued
against, or if the judgment is paid in full, you must immediately submit written notice
to the Clerk’s Office at the Justice Center where your case is filed so the warrant can
be recalled. Failure to do so may result in a wrongful arrest and possible legal action
against you.Form Adopted for Mandatory Use
L525 (Rev. May 31, 2011)
BENCH WARRANT Code of Civil Procedure, §§ 491.160,
708.170, 1209, 1993
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address):
Telephone No.: Fax No. (Optional):
E-Mail Address (Optional):
ATTORNEY FOR (Name): Bar No:
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Civil Complex Center - 751 W. Santa Ana Blvd., Santa Ana, CA 92701-4512
Harbor-Laguna Hills Facility - 23141 Moulton Pkwy., Laguna Hills, CA 92653-1251
Lamoreaux - 341 The City Drive, Orange, CA 92868-3205
North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500
West - 8141 13th Street, Westminster, CA 92683-4593
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
BENCH WARRANT Case assigned to:
Judge:
Department:
Date complaint filed:
Hearing/trial date:
TO: SHERIFF OF COUNTY ANY PEACE OFFICER OF THIS STATE
YOU ARE COMMANDED TO ARREST (name):
and bring him or her to the above named Justice Center, or the nearest court if in session, for the setting of bail in the
amount of the warrant or to release on the person’s own recognizance. Any person arrested pursuant to Code of Civil
Procedure §1993, shall be released from custody if he or she cannot be brought before the court within 12 hours of arrest,
and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest.
Physical description: Sex: M F Height: __________ Weight: __________ Race: _________
Hair Color: ___________ Eye Color: ____________ Age: __________ Date of Birth: ______________
The last known address of the person to be arrested is:
To be completed by the clerk:
BAIL SET AT: $ ___________ This warrant expires on (date):_____________
Upon posting bail or promising to appear, set appearance on (date) ________________________________
at (time) ________ (Dept) ________ located at the above Justice Center.
Good cause is shown as provided in Penal Code § 840 for nighttime service.
This person may be released upon a promise to appear as provided by Code of Civil Procedure § 1993.1.
The issuance of this warrant is for the following reason:
Failure to appear on (date): for an examination hearing (CCP 491.160, 708.170), served on (date):
 to appear on (date): pursuant to a subpoena (CCP 1993), served on (date):
Contempt (CCP 1209), served on (date):
Failure of witness to attend hearing (CCP 1993) on (date): , served on (date):
Other (specify): , served on (date):
Seal
Issued in the County of Orange on (date):
JUDICIAL OFFICER SHERIFF-CORONER DEPARTMENT
 ORANGE COUNTY- COURT OPERATIONS
Service Instructions
(Rev. 8/03) You will be notified by mail regarding the outcome of your service
OCSD2 (Rev 5/2011)
Case Number___________________________________
Court (check one): Santa Ana Fullerton Westminster Newport Beach Laguna Hills Lamoreaux Other ___________
TYPE OF PROCESS:
Plaintiff’s Claim and Order Civil Bench Warrant Summons & Complaint
Defendant’s Claim and Order Notice to Pay Rent (3-Day Notice) Summons & Petition
Order for Examination Notice to Terminate (30-Day Notice) Civil Subpoena
Order to Show Cause Small Claims Subpoena and Declaration Civil Subpoena Duces Tecum
Other ____________________________________________________________________________________________________
Additional Documents – Print on Back
INSTRUCTIONS FOR SERVICE OF THE ATTACHED DOCUMENTS:
SERVE DOCUMENT(S) ON:
(Please Print)
Name:___________________________________ Name:____________________________________________
Adderess:________________________________ Address:__________________________________________
________________________________________ _________________________________________________
Name:___________________________________ Name:____________________________________________
Address:_________________________________ Address:__________________________________________
________________________________________ _________________________________________________
LIST ANY SPECIAL INFORMATION: (Best hours for service, Corporate Officers names, etc.)
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
Physical description of person: Male, Female, Age _______ DOB ______________ Height _______ Weight ______
Race _________ Unique Characteristics______________________________________________
Substitute service is authorized on Summons Unlawful Detainer Action (Additional copy of process is required)
X Signature_________________________________________________________________________Date _________________
Print Name___________________________________________________________ Day Ph