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August 2010 CRIMINAL PROCEDURE Ch 2, p.29
2.25(4) Bill by judge. Either party may take an exception to any decision or action of the court,
in any stage of the proceedings, not required to be and not entered in the record book, and reduce the
same to writing, and tender the same to the judge, who shall sign it if true, and if signed it shall be
filed with the clerk and become part of the record of the cause.
2.25(5) Bill by bystanders. If the judge refuses to sign it, such refusal must be stated at the end
thereof, and it may then be signed by two or more attorneys or officers of the court or disinterested
bystanders, and sworn to by them, and filed with the clerk, and it shall thereupon become a part of
the record of the cause.
2.25(6) Time to approve bill. The judge shall be allowed one court day to examine the bill
of exceptions, and the party excepting shall be allowed three court days thereafter to procure the
signatures and file the same.
2.25(7) Modification of bill. If the judge and the party excepting can agree in modifying the bill
of exceptions, it shall be modified accordingly.
2.25(8) Time allowed to prepare bill. Time must be given to prepare the bill of exceptions when
it is necessary; if it can reasonably be done, it shall be settled at the time of taking the exception.
[Report 1979; Court Order December 20, 1996; November 9, 2001, effective February 15, 2002]
Rule 2.26 Execution and stay thereof.
2.26(1) Mechanics of execution.
a. Copy of judgment. When a judgment of confinement, either in the penitentiary or county jail
or other detention facility, is pronounced, an execution, consisting of a certified copy of the entry of
judgment must be forthwith furnished to the officer whose duty it is to execute the same, who shall
proceed and execute it accordingly, and no other warrant or authority is necessary to justify or require
its execution.
b. Execution and return within county; confinement. A judgment for confinement to be executed
in the county where the trial is had shall be executed by the sheriff thereof, and return made upon the
execution, which shall be delivered to and filed by the clerk of said court.
c. Executions outside county; confinement.
(1) Under all other judgments for confinement, the sheriff shall deliver a certified copy of the
execution with the body of the defendant to the keeper of the jail or penitentiary in which the defendant
is to be confined in execution of the judgment, and take receipt therefor on a duplicate copy thereof,
which the sheriff must forthwith return to the clerk of the court in which the judgment was rendered,
with the sheriff’s return thereon, and a minute of said return shall be entered by the clerk as a part of
the record of the proceedings in the cause in which the execution issued.
(2) When such defendant is discharged from custody, the jailer or warden of the place of
confinement shall make return of such fact to the proper court, and an entry thereof shall be made by
its clerk as is required in the first instance.
d. Execution for fine.
(1) Upon a judgment for a fine, an execution may be issued as upon a judgment in a civil case,
and return thereof shall be made in like manner.
(2) Judgments for fines, in all criminal actions rendered, are liens upon the real estate of the
defendant, and shall be entered upon the lien index in the same manner and with like effect as
judgments in civil actions.
e. Execution in other cases. When the judgment is for the abatement or removal of a nuisance, or
for anything other than confinement or payment of money by the defendant, an execution consisting
of a certified copy of the entry of such judgment, delivered to the sheriff of the proper county, shall
authorize and require the sheriff to execute such judgment and return the same, with the sheriff’s
doings under the same thereon endorsed, to the clerk of the court in which the judgment was rendered,
within a time specified by the court but not exceeding 70 days after the date of the certificate of such
certified copy.
f. Days in jail before trial credited. The defendant shall receive full credit for time spent in custody
on account of the offense for which the defendant is convicted.
2.26(2) Stay of execution.
a. Confinement. A sentence of confinement shall be stayed if an appeal is taken and the defendant
is released pending disposition of appeal pursuant to Iowa Code chapter 814.
b. Fine and other cases. The defendant may have a stay of execution for the same length of
time and in the same manner as provided by law in civil actions, and with like effect, and the same
proceedings may be had therein.