Iowa Administrative Code
Agency 611 - Military Division
Chapter 1 - Forms for Military Process
Rule 611-1.1 - Forms
Current through Register Vol. 47, No. 6, September 18, 2024
The following forms are prescribed by the adjutant general of Iowa pursuant to the provisions of Iowa Code chapter 29B and shall be used by all military courts in the issuance of all process, including writs and warrants necessary and proper to carry into full effect the powers vested in such courts. Such process may be directed to appropriate military personnel, the sheriff of any coimty or any other peace officer of the state. It shall be the duty of all persons to whom such process may be so directed to execute the same and make return of their acts thereunder according to the requirements of the same.
The keepers and wardens of all city or county jails and of all other jails, penitentiaries or prisons, designated by the governor or the adjutant general of the state, shall receive the bodies of persons committed by such process of a military court and confine them in the manner provided by law for civilian offenders.
(1) Form of warrant of arrest.
STATE OF IOWA-NATIONAL GUARD
WARRANT FOR ARREST OF DEFENDANT
(Summary-Special-General) Court-Martial.......................No..............
To:............................................................................ having
(Military Official, Sheriff or Peace Officer)
disobeyed an order in writing from the convening authority of the above Court to appear before said Court, a copy of the said charge or charges having been delivered to the accused with such order, you are therefore, in accordance with Iowa Code chapter 29B, commanded to arrest................
.......................................................and bring that person
forthwith before this Court, or hold that person for said Court by delivering that person into the custody
of the Sheriff of.................................County.
The said....................................................... has been charged with
(President-Summary Court Officer)
RETURN
Received the within Warrant the.........day of.....................,19.......,
at............................and executed by....................................
at..............................on..................,19.....
(2) Form of judgment and commitment.
STATE OF IOWA-NATIONAL GUARD
JUDGMENT AND COMMITMENT
STATE OF IOWA................................Court Martial No................
vs
On this..........day of......................, 19... , the defendant herein was
tried by........................Court-Martial on the charge of........................
and the Court has entered a finding of guilty (and the defendant has pleaded guilty of such charge). It is adjudged that the defendant is hereby committed to the custody of....................
...........................for imprisonment for a period of.......................
The...............................................................................
(Summary Court-Martial) (Special Court-Martial) (General Court-Martial)
convened at............................imposed a sentence upon said defendant by fining
that person the sum of $...................and the defendant is in default on the payment
of said fine, and it is therefore adjudged that defendant for the said default be hereby committed to the custody of..........................for a period of............................
Therefore, under the provisions of Iowa Code chapter 29B, you are hereby directed to take
into custody the person of the said................................and confine that person
to the.........................(County or City) Jail of..............................
County, therein to be confined in accordance with the sentence aforesaid and for so doing this shall be sufficient warrant.
I,....................................(Summary Court Officer) (President) certify
that the above judgment is a true and correct copy of the record thereof.
RETURN
I have executed the within judgment and commitment as follows: Defendant delivered on
..............................to..............................
Defendant noted appeal on.............................................................
Defendant released on................................................................
(3) Form of subpoena.
STATE OF IOWA-NATIONAL GUARD
SUBPOENA
STATE OF IOWA SS
COUNTY OF
The State of Iowa to.................................................................
You are hereby commanded to appear before the..........................................
(General-Special-Summary) Court-Martial at..............................................
in...................................., Iowa, at 9:00 o'clock a.m. on the......day of
............................,19......, to give evidence in a case between the State of
Iowa, Plaintiff, and......................................, Defendant, on the part of
the said.......................and this you shall in nowise omit, under penalty of the law.
Witness my hand hereunder affixed at....................., Iowa this...........day
of.....................................................,19.............
(Summary Court Officer-President)
RETURN
I received the within subpoena the........day of.....................,19......,
and served the same on the following witnesses by reading and showing the original to each of them and
delivering to each of them a copy thereof; all done in.........................
County, Iowa.
BY:...................................................
Deputy
(4) Form of subpoena -duces tecum.
SUBPOENA-DUCES TECUM
STATE OF IOWA...............COUNTY, SS.
The State of Iowa to.................................................................
You are hereby commanded to appear before the..........................Court-Martial
of the State of Iowa, at 9:00 o'clock a.m. on the...........................day of.....
19, to give evidence in a case between the State of Iowa, Plaintiff, and...........................
............, Defendant, on the part of said............................................
and that you have then with you..........................................................
and this you shall in nowise omit, imder penalty of the law.
Dated this.......day of...................,19.......
RETURN
Received the within subpoena the........day of..................,19.....,
and served the same on the following witnesses by reading and showing the original to each of them and
delivering to each of them a copy thereof; all done in.........................
...............County, Iowa.
BY:...................................................
Deputy
