Iowa Administrative Code › Agency 611 - Military Division › Chapter 1 - Forms for Military Process › Rule 611-1.1 - Forms

Current through Register Vol. 47, No. 3, July 24, 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