Code Civ. Proc., § 708.170 · Article 2. Examination Proceedings
Code Civ. Proc., § 708.170
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 562, Sec. 3. (AB 1119) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=708.170.
- Text hash
- sha256 7d5b0bfe42eeabfe11c7c75bb80457d0255b9e011b6ddd713e911ba35615ecb9
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Code Civ. Proc., § 708.170. Each shows the citation as that text prints it.
Code of Civil Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.