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Ch 2, p.54 CRIMINAL PROCEDURE August 2010
Rules 2.38 to 2.50 Reserved.
SIMPLE MISDEMEANORS
Rule 2.51 Scope. The rules set forth in this section shall apply to trials of simple misdemeanors, and
attendant proceedings and to appeals from conviction in such cases.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.52 Applicability of indictable offense rules. Procedures not provided for herein shall be
governed by the provisions of the rules or statutes governing indictable offenses which are by their
nature applicable to misdemeanor prosecutions.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §81; Report November 9, 2001, effective February 15, 2002]
Rule 2.53 To whom tried. Judicial magistrates and district associate judges may hear, try and
determine simple misdemeanors. District judges may transfer any simple misdemeanors pending
before them to the nearest judicial magistrate or district associate judge.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §82; Report November 9, 2001, effective February 15, 2002]
Rule 2.54 The charge. Prosecutions for simple misdemeanors must be commenced by filing a
subscribed and sworn to complaint with a magistrate or district court clerk or the clerk’s deputy.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.55 Contents of the complaint. The complaint shall contain:
2.55(1) The name of the county and of the court where the complaint is filed.
2.55(2) The names of the parties, if the defendants be known, and if not, then such names as may
be given them by the complainant.
2.55(3) A concise statement of the act or acts constituting the offense, including the time and place
of its commission as near as may be, and identifying by number the provision of law alleged to be
violated.
2.55(4) The provisions of rule 2.6(5) shall be applicable to the prosecution before a magistrate of
cases within the magistrate’s jurisdiction.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §83; Report November 9, 2001, effective February 15, 2002]
Rule 2.56 Filing of complaint. The magistrate or district court clerk or the clerk’s deputy must file
the complaint and mark thereon the time of filing the same.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.57 Arrest warrant. Immediately upon filing the complaint, the magistrate or district court
clerk or the clerk’s deputy may issue an arrest warrant or may issue a citation instead of an arrest
warrant and deliver it to a peace officer.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.58 Arrest. The officer who receives the warrant shall arrest the defendant and bring the
defendant before the magistrate without unnecessary delay or serve the citation in the manner provided
in Iowa Code chapter 804.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §84; Report November 9, 2001, effective February 15, 2002]
Rule 2.59 Prosecution of corporations. In prosecutions against corporations the corporation may
be proceeded against by summons as set forth in Iowa Code chapter 807.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.60 Appearance of defendant. Upon initial appearance, the charge against the defendant
must be distinctly read to the defendant, and a copy given to the defendant, and the defendant shall be
asked whether the defendant is charged under the defendant’s correct name. If the defendant objects to
being wrongly named in the complaint, the defendant must give the correct name, and if the defendant
refuses to do so, or does not object to being wrongly named, the magistrate shall make an entry thereof
in the docket, and the defendant is thereafter precluded from making any such objection.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]