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Rule 29: Issuance of a Citation or Capias

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(A)    CITATION.
A citation may issue upon a party’s failure to obey a Summons and Order to Appear for hearing, or if a prior court order authorizes the issuance of a citation upon affidavit.

    (1)   If the prior order authorizes issuance of a citation upon Affidavit, the party seeking the citation must file an Affidavit for Citation.  The Affidavit for Citation shall state the date of journalization of the judgment entry that authorizes the issuance of the citation and each specific provision, referencing page and paragraph numbers, with which a party has allegedly failed to comply.  The caption of the Affidavit for Citation shall state the most current address of the party to be cited.

    (2)   Citations will be prepared and served by the Court.  

    (3)   A citation hearing scheduled before a magistrate may be heard by the assigned judge.

(B)    CAPIAS.
A capias (arrest warrant) shall issue if a party who has been served with a citation or a Summons and Order to Appear fails to appear for a hearing, if a prior order authorizes issuance of a capias upon affidavit of a party, or at the direction of the assigned judge when extraordinary circumstances exist. 

    (1)   If the prior order authorizes issuance of a capias upon affidavit, the party seeking the capias must file an Affidavit for Capias.  The Affidavit for Capias shall state the date of journalization of the judgment entry that authorizes the issuance of the capias and each specific provision, referencing page and paragraph numbers, with which a party has allegedly failed to comply.  The caption of the Affidavit for Capias shall state the most current address of the party to be arrested.

    (2)   Capias orders will be prepared by the Court and served by the Cuyahoga County Sheriff.  Bond will be set when a capias order is issued.

    (3)   Capias orders not served within one year of issuance will be dismissed.

    (4)    A party arrested as a result of a capias will be afforded a hearing on the Court’s next scheduled business day, subject to other outstanding warrants.

    (5)    A party for whom a capias has issued may contact the Court’s Enforcement Services to arrange a voluntary appearance.

    (6)   A capias hearing scheduled before a magistrate may be heard by the assigned judge.

(Effective July 1, 1991.  Amended effective December 11, 2000; July 29, 2013.)

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