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Rule 2.4 – Indictment

May 13, 2021 | Criminal Procedure, Iowa

2. 4(1)Defined. An indictment is an accusation in writing, found and presented by a grand jury legally impaneled and sworn to the court in which it is impaneled, charging that the person named therein has committed an indictable public offense.
2. 4(2)Use of indictment. Criminal offenses other than simple misdemeanors may be prosecuted to final judgment either on indictment or on information as provided in rule 2.5.
2. 4(3)Evidence to support. An indictment should be found when all the evidence, taken together, is such as in the judgment of the grand jury, if unexplained, would warrant a conviction by the trial jury; otherwise it shall not. An indictment can be found only upon evidence given by witnesses produced, sworn, and examined before the grand jury, or furnished by legal documentary evidence, or upon the stenographic or taped record of evidence given by witnesses before a committing magistrate. If an indictment is found in whole or in part upon testimony taken before a committing magistrate, the clerk of the grand jury shall write out a brief minute of the substance of such evidence, and the same shall be returned to the court with the indictment.
2. 4(4)Vote necessary. An indictment cannot be found without the concurrence of five grand jurors. Every indictment must be endorsed “a true bill” and the endorsement signed by the foreman or forewoman of the grand jury.
2. 4(5)Presentation and filing. An indictment, when found by the grand jury and properly endorsed, shall be presented to the court with the minutes of evidence of the witnesses relied on. The presentation shall be made by the foreman or forewoman of the grand jury in the presence of the members of the grand jury. The indictment, minutes of evidence, and all exhibits relating thereto shall be transmitted to the clerk of the court and filed by the clerk.
2. 4(6)Minutes.

a. Contents. A minute of evidence shall consist of a notice in writing stating the name and occupation of the witness upon whose testimony the indictment is found, and a full and fair statement of the witness’ testimony before the grand jury and a full and fair statement of additional expected testimony at trial.
b. Copy to defense. Such minutes of evidence shall not be open for the inspection of any person except the judge of the court, the prosecuting attorney, or the defendant and the defendant’s counsel. The clerk of the court must, on demand made, furnish the defendant or his or her counsel a copy thereof without charge.
c. Minutes used again. A grand jury may consider minutes of testimony previously heard by the same or another grand jury. In any case, a grand jury may take additional testimony.
2. 4(7)Contents of indictment. An indictment is a plain, concise, and definite statement of the offense charged. The indictment shall be signed by the foreman or forewoman of the grand jury. The names of all witnesses on whose evidence the indictment is found must be endorsed thereon. The indictment shall substantially comply with the form that accompanies these rules. The indictment shall include the following:

a. The name of the accused, if known, and if not known, designation of the accused by any name by which the accused may be identified.
b. The name and if provided by law the degree of the offense, identifying by number the statutory provision or provisions alleged to have been violated.
c. Where the time or place is a material ingredient of the offense a brief statement of the time or place of the offense if known.
d. Where the means by which the offense is committed are necessary to charge an offense, a brief statement of the acts or omissions by which the offense is alleged to have been committed.

No indictment is invalid or insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in a matter of form which does not prejudice a substantial right of the defendant.

2. 4(8)Amendment.

a. Generally. The court may, on motion of the state, either before or during the trial, order the indictment amended so as to correct errors or omissions in matters of form or substance. Amendment is not allowed if substantial rights of the defendant are prejudiced by the amendment, or if a wholly new and different offense is charged.
b. Amendment before trial. If the application for an amendment be made before the commencement of the trial, the application and a copy of the proposed amendment shall be served upon the defendant, or upon the defendant’s attorney of record, and an opportunity given the defendant to resist the same.
c. Amendment during trial. If the application be made during the trial, the application and the amendment may be dictated into the record in the presence of the defendant and the defendant’s counsel, and such record shall constitute sufficient notice to the defendant.
d. Continuance. When an application for amendment is sustained, no continuance or delay in trial shall be granted because of such amendment unless it appears that defendant should have additional time to prepare because of such amendment.
e. Amendment of minutes. Minutes may be amended in the same manner and to the same extent that an indictment may be amended.

Iowa. R. Crim. P. 2.4

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 12, 13; amendment 1979; amendment 1980; amendment 1999; Report November 9, 2001, effective February 15, 2002; December 23, 2008, effective February 23, 2009; April 2, 2009, effective June 1, 2009