Rule 2.4. Indictment

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 a public offense.

2.4(2) Use of indictment. 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) Presentation and filing. An indictment, when found by the grand jury and properly

endorsed, shall be presented to the court. The presentation shall be made by the foreperson of the

grand jury in the presence of the other members of the grand jury. The prosecuting attorney shall

prepare and present minutes of testimony as provided in rule 2.4(7) by the time of arraignment.

The indictment, minutes of testimony, and all exhibits relating thereto shall be filed by the court.

2.4(4) Contents of indictment. An indictment shall substantially comply with rule 2.37—Form

5: General Indictment Form and, in any event, contain a plain, concise, and definite statement of

the offense charged and be signed by the foreperson of the grand jury. 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 of the offense and the statutory provision or provisions alleged to have been

violated.

c. A brief statement of the time and place of the offense, if known.

d. Where the means by which the offense is committed are necessary to charge the offense, a

brief statement of the acts or omissions by which the offense is alleged to have been committed.

2.4(5) Nonprejudicial defects in indictments. A trial judgment or other proceeding shall not be

affected by any defect in the indictment that does not prejudice a substantial right of the

defendant.

2.4(6) Amendment of indictment.

a. Generally. The court may, either before or during the trial, order the indictment amended.

b

s or omissions by which the offense is alleged to have been committed.

2.4(5) Nonprejudicial defects in indictments. A trial judgment or other proceeding shall not be

affected by any defect in the indictment that does not prejudice a substantial right of the

defendant.

2.4(6) Amendment of indictment.

a. Generally. The court may, either before or during the trial, order the indictment amended.

b. Opportunity to resist proposed amendment. The defendant shall be given a reasonable

opportunity to resist any proposed amendment.

c. When amendment is not allowed. 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.

d. Continuance. When an amendment is allowed, no continuance or delay in trial shall be

granted on that ground unless the defendant should be provided additional time to prepare.

2.4(7) Minutes.

a. Contents. A minute of testimony shall consist of a notice in writing stating the name and

occupation of the witness upon whose testimony the indictment is found, a full and fair statement

of the witness’s testimony before the grand jury if such witness testified, and a full and fair

statement of the witness’s expected testimony at trial. Disclosure of witness addresses shall be

governed by rule 2.11(13).

b. Amending minutes. The prosecuting attorney may file amended minutes subject to rule

2.19(2).

c. Minutes not to be disseminated. Minutes of testimony shall be available to the district judge,

the prosecuting attorney, the Iowa Department of Corrections, the Iowa Board of Parole, the

defendant, and the defendant’s attorney to be used confidentially for purposes directly related to

the case and shall not be made public or further disseminated.