Rule 2.7 – Proceedings after indictment or information

May 13, 2021 | Criminal Procedure, Iowa

2. 7(1)Issuance. Upon the request of the prosecuting attorney the court shall issue a warrant for each defendant named in the indictment or information. The clerk shall issue a summons instead of a warrant upon the request of the prosecuting attorney or by direction of the court. The warrant or summons shall be delivered to a person authorized by law to execute or serve it. If a defendant fails to appear in response to the summons, a warrant shall issue.
2. 7(2)Form.

a. Warrant. The warrant shall be signed by the judge or clerk; it shall describe the offense charged in the indictment; and it shall command that the defendant shall be arrested and brought before the court. The amount of bail or other conditions of release may be fixed by the court and endorsed on the warrant. The warrant shall substantially comply with the form that accompanies these rules. The warrant may be served in any county in the state.
b. Summons. The summons shall be in the form described in Iowa Code section 804.2, except that it shall be signed by the clerk. A summons to a corporation shall be in the form prescribed in Iowa Code section 807.5.
2. 7(3)Execution, service, and return.

a. Execution or service. The warrant shall be executed or the summons served as provided in Iowa Code chapter 804. Upon the return of an indictment or upon the filing of trial information against a person confined in any penal institution, the court to which such indictment is returned may enter an order directing that such person be produced before it for trial. The sheriff shall execute such order by serving a copy thereof on the warden having such accused person in custody and thereupon such person shall be delivered to such sheriff and conveyed to the place of trial.
b. Return. The officer executing a warrant, or the person to whom a summons was delivered for service shall make return thereof to the court.

Iowa. R. Crim. P. 2.7

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 17, 18; amendment 1983; Report November 9, 2001, effective February 15, 2002