Iowa R. Crim. P. 2.5

2.5(1) In general.

a. Prosecution on information. All indictable offenses may be prosecuted by a trial

information and supporting minutes of testimony. An information charging a person with an

indictable offense may be filed at any time, whether or not the grand jury is in session.

b. Submitting the information to the court. Any prosecuting attorney has the authority to

submit an information to the court for filing unless that authority is specifically reserved to the

attorney general.

2.5(2) Endorsement. An information shall be endorsed “a true information” and shall be

signed by the prosecuting attorney.

2.5(3) Witness names and minutes. The prosecuting attorney shall submit the minutes of

testimony with the information. The minutes shall state the name and occupation of each witness

upon whose expected testimony the information is based and a full and fair statement of the

testimony. Disclosure of witness addresses shall be governed by rule 2.11(13).

2.5(4) Approval by judge.

a. A district judge, or a district associate judge having jurisdiction of the offense, shall

determine whether the minutes supporting the information, if unexplained, would warrant a

conviction by the trial jury. If so, the judge shall promptly approve and file the information.

b. If not approved, the charge may be presented to the grand jury for consideration.

c. At any time after judicial approval of an information, and prior to the commencement of

trial, the court, on its own motion, may order the information set aside and the charge submitted

to the grand jury.

d. If a judge attempts to file an information but the document is returned by the Iowa Judicial

Branch electronic document management system, the date and time of the corrected filing shall

relate back to the date and time of the judge’s attempted filing.

2.5(5) Indictment rules applicable. All provisions of these rules applying to prosecutions on

indictments apply also to informations, except where otherwise provided by statute or these rules

or when the context requires otherwise. Without limiting the foregoing, rule 2.4(4)-(7) shall apply

to informations.

2.5(6) Investigation by prosecuting attorney.

a. The clerk of court, on written application of the prosecuting attorney and approval of the

court, shall issue subpoenas, including subpoenas duces tecum, for such witnesses as the

prosecuting attorney may require in investigating an offense.

b. In such subpoenas, the clerk of court shall direct the appearance of said witnesses before the

prosecuting attorney at a specified time and place. In lieu of a witness’s personal appearance, the

subpoena may direct the witness to produce materials at a specified time and place.

c. The prosecuting attorney shall have the authority to administer oaths to said witnesses. The

witness shall be subject to the same obligations as if subpoenaed before a grand jury.

d. The application and judicial order for any subpoena shall be maintained by the clerk of

court in a confidential file until a charge is filed, in which event disclosure shall be made to the

defendant unless the court, in an in camera hearing, orders that the application and order be kept

confidential.