Iowa Code 657.6 – Stay of execution
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 657.6
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- undertaking: means a promise or security in any form. See Iowa Code 4.1
657.6 Stay of execution.
Instead of issuing a warrant, the court may order the warrant to be stayed upon motion of the defendant, if the defendant enters into an undertaking to the state, in such sum and with such surety as the court may direct, under the condition that either the defendant will discontinue the nuisance or that, within a time limited by the court, and not exceeding six months, the defendant will cause the nuisance to be abated and removed, as either is directed by the court. Upon the defendant’s failure to perform the condition of the defendant’s undertaking, the surety shall be forfeited, and the court, upon being satisfied of a default, may order the warrant forthwith to issue, and action may be brought on the undertaking.
[C51, §2765; R60, §4415; C73, §4095; C97, §5084; C24, 27, 31, 35, 39, §12400; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §657.6]
2019 Acts, ch 59, §223
Instead of issuing a warrant, the court may order the warrant to be stayed upon motion of the defendant, if the defendant enters into an undertaking to the state, in such sum and with such surety as the court may direct, under the condition that either the defendant will discontinue the nuisance or that, within a time limited by the court, and not exceeding six months, the defendant will cause the nuisance to be abated and removed, as either is directed by the court. Upon the defendant’s failure to perform the condition of the defendant’s undertaking, the surety shall be forfeited, and the court, upon being satisfied of a default, may order the warrant forthwith to issue, and action may be brought on the undertaking.
[C51, §2765; R60, §4415; C73, §4095; C97, §5084; C24, 27, 31, 35, 39, §12400; C46, 50, 54,
58, 62, 66, 71, 73, 75, 77, 79, 81, §657.6]
2019 Acts, ch 59, §223