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IA · rules

Iowa R. Crim. P. 2.58

Appearance of the defendant

activein force · 2023-07-01 – presentact-effective-date

2.58(1) Arrest and appearance. An officer making an arrest with or without a warrant shall

take the arrested person before a magistrate either personally or by interactive audiovisual system

as provided by rule 2.27(1)(a) within 24 hours unless no magistrate is available and in all events

within 48 hours.

2.58(2) Arrest without a warrant. When a person is arrested without a warrant, a complaint

shall be filed immediately.

2.58(3) Determination of probable cause. If the defendant received a citation or was arrested

without a warrant, the magistrate shall, prior to further proceedings in the case, make a

determination from the complaint or affidavits filed with the complaint whether there is probable

cause to believe that an offense has been committed and that the defendant has committed it. The

magistrate’s decision in this regard shall be entered in the record.

2.58(4) Prosecution of corporations. A corporation may be summoned as provided in Iowa

Code chapter 807.

History

[66GA, ch 1245(2), §1302; 67GA, ch 153, §84; Report November 9, 2001, effective February 15, 2002; Court Order October 14, 2022, effective July 1, 2023]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f75528f51163c04ac303dabdef735d1aef80bc7304ccbd0c73d0ba024533e42d
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