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2014 California Rules of Court

Rule 5.526. Citation to appear; warrants of arrest; subpoenas

(a) Citation to appear (§§ 338, 661)

In addition to the notice required under rule 5.524, the court may issue a citation directing a parent or guardian to appear at a hearing.

(1)The citation must state that the parent or guardian may be required to participate in a counseling program, and the citation may direct the child's present caregiver to bring the child to court.

(2)The citation must be personally served at least 24 hours before the time stated for the appearance.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2006.)

(b) Warrant of arrest (§§ 339, 662)

The court may order a warrant of arrest to issue against the parent, guardian, or present custodian of the child if:

(1)The citation cannot be served;

(2)The person served does not obey it; or

(3)The court finds that a citation will probably be ineffective.

(c) Protective custody or warrant of arrest for child (§§ 340, 663)

The court may order a protective custody warrant or a warrant of arrest for a child if the court finds that:

(1)The conduct and behavior of the child may endanger the health, person, welfare, or property of the child or others; or

(2)The home environment of the child may endanger the health, person, welfare, or property of the child.

(d) Subpoenas (§§ 341, 664)

On the court's own motion or at the request of the petitioner, child, parent, guardian, or present caregiver, the clerk must issue subpoenas requiring attendance and testimony of witnesses and the production of papers at a hearing. If a witness appears in response to a subpoena, the court may order the payment of witness fees as a county charge in the amount and manner prescribed by statute.

(Subd (d) amended effective January 1, 2006.)

Rule 5.526 amended and renumbered effective January 1, 2007; adopted as rule 1408 effective January 1, 1991; previously amended effective January 1, 2006.

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