As amended through Septmber 9, 2024
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 if 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, rules 2.4(4), 2.4(5), 2.4(6), and 2.4(7) shall apply to trial 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.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 14, 15; Report 1978, effective 7/1/1979; amendment 1979; amendment 1982; amendment 1983; amended February 21, 1985, effective 7/1/1985;11/9/2001, effective 2/15/2002;12/23/2008, effective 2/23/2009;4/2/2009, effective 6/1/2009; Court Orders October 14, 2022, November 7, 2022, effective 7/1/2023.