- For Attorneys
A capias is a warrant or order for arrest of a person, typically issued by the judge or magistrate in a case. A capias may be issued in different forms. A capias is commonly issued for a failure to appear in court. A capias may be based upon an affidavit alleging personal knowledge of the offense. It must state the name of the accused, if known, and if not known, must give some reasonably definite description of him. It must show that the accused has committed some offense against the laws of the state, either directly or that the affiant has good reason to believe, and does believe, that the accused has committed such offense. It must state the time and place of the commission of the offense, as definitely as can be done by the affiant. Finally, it must be signed by the affiant by writing his name or affixing his mark.
The following is a Massachusetts statute:
G.L.c. 224, § 18. Contempt; procedure; effect; appeal.
Section 18. The court may issue warrants for arrest and other processes
to secure the attendance of debtors or creditors to answer for any
contempt under this chapter. The term debtor, as used in this section
shall mean, if the debtor is a corporation or a trust with transferable
shares, the contemnor as defined in section fourteen or section sixteen.
An arrest shall not be made after sunset unless specially authorized in
the warrant for cause. Contempt of court under this chapter shall be
punished by a fine of not more than twenty dollars or by imprisonment in
the common jail for not more than thirty days. A debtor or creditor in
custody, charged with contempt, shall be entitled to a speedy hearing
therefor, and the officer having him in custody shall remain in
attendance until excused by the court. A debtor or creditor in custody,
charged with contempt, may be released by the court and the hearing on
the alleged contempt may be continued.
A debtor arrested on a capias after court has adjourned may be lodged
with the keeper of the lock-up in the city or town in which he is
arrested, or lodged with the keeper of the common jail. Said keeper shall
receive the debtor from the arresting officer and hold the debtor until
the next sitting of the court issuing the capias, at which time the
officer shall call for the debtor and take him before the court. The
debtor shall be allowed a reasonable time to procure sureties for his
recognizance to appear before the court issuing the capias at the next
sitting of court. A master in chancery may accept his recognizance to the
creditor with surety or sureties in a sum not less than the judgment,
conditioned that he will appear before the court at its next sitting and
from time to time until the proceedings are concluded. The provision for
the arrest of a debtor after court has adjourned shall not apply to
A sentence for contempt shall not end the proceedings, nor any
order made therein, and future violations of the order upon which the
sentence was founded, or any other order, may likewise be dealt with
as for contempt. The court shall retain jurisdiction of supplementary
proceedings until an order shall be made expressly dismissing them.
If the proceedings are dismissed, the creditor shall not, within one
year after the date of such dismissal, file a new application against
the same debtor upon the same judgment or a judgment including the
same cause of action, unless the court otherwise orders. There shall
be no appeal from any judgment, order or sentence under the provisions
of this chapter, except as provided in section nineteen.