Rule 2.7. Warrants and summonses

2.7(1) Issuance. Upon the request of the prosecuting attorney, the court shall issue a summons

or warrant for each defendant named in the indictment who has not previously been held to

answer. Where the defendant has previously been held to answer but the indictment has added

new charges, the court may upon request of the prosecuting attorney issue a summons or warrant.

2.7(2) Form.

a. Warrant. The warrant shall substantially comply with rule 2.36—Form 6: Arrest Warrant

After Indictment or Information or rule 2.36—Form 7: Arrest Warrant When Defendant Fails to

Appear for Sentencing, as appropriate. The warrant shall be signed by a magistrate or a clerk of

court if an order for the warrant has been entered, describe the offense charged in the indictment,

and command that the defendant 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.

b. Summons. The summons shall be in the form prescribed in Iowa Code section 804.2, except

that it shall be signed by the clerk of court. A summons to a corporation shall be in the form

prescribed in Iowa Code section 807.5.

2.7(3) Execution; service; return.

a. Execution or service. The warrant shall be executed or the summons served as provided in

Iowa Code chapter 804. With respect to an incarcerated person, the court may enter an order

directing that such person be produced for trial. The sheriff shall execute such order by serving a

copy thereof on the warden or other individual having authority over 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 of the warrant.

2.7(4) Forfeiture of bail; warrant of arrest

order by serving a

copy thereof on the warden or other individual having authority over 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 of the warrant.

2.7(4) Forfeiture of bail; warrant of arrest. If the defendant has been released and does not

appear when a personal appearance is necessary, the court may issue a warrant for the defendant’s

arrest and, if appropriate, order the forfeiture of bail.