Iowa Code 809A.13 – In rem proceedings
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Terms Used In Iowa Code 809A.13
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- 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
809A.13 In rem proceedings.
1. A judicial in rem forfeiture proceeding may be brought by the prosecuting attorney in
addition to, or in lieu of, civil in personam forfeiture procedures, and is also subject to the provisions of this section. If a forfeiture is authorized by this chapter, it shall be ordered by the court in the in rem action.
2. An action in rem may be brought by the prosecuting attorney pursuant to a notice of pending forfeiture or verified complaint for forfeiture. The state may serve the complaint in the manner provided in § 809A.8, subsection 2, or as provided by the rules of civil procedure.
3. For the purposes of this section, an owner of or interest holder in property who has filed an answer shall be referred to as a claimant.
4. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with rule of civil procedure 1.405 and shall also set forth all of the following:
a. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant.
b. The address where the claimant will accept mail.
c. The nature and extent of the claimant’s interest in the property.
d. The date, the identity of the transferor, and the circumstances of the claimant’s acquisition of the interest in the property.
e. The specific provision of this chapter relied on in asserting that it is not subject to forfeiture.
f. All essential facts supporting each assertion.
g. The specific relief sought.
5. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint.
6. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint.
7. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the burden of proving by clear and convincing evidence that the property is subject to forfeiture. If the state so proves the property is subject to forfeiture, the claimant may assert that the claimant has an interest in the property which is exempt from forfeiture under this chapter. If the claimant asserts and makes a prima facie showing of the existence of the exemption, the prosecuting attorney then has the burden of proving by clear and convincing evidence that the exemption does not apply.
8. The court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state’s burden. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17.
96 Acts, ch 1133, §13; 2013 Acts, ch 41, §1; 2017 Acts, ch 114, §10, 15
Referred to in §809A.8, 809A.14, 809A.15, 809A.16
2017 amendment to subsections 7 and 8 applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15
1. A judicial in rem forfeiture proceeding may be brought by the prosecuting attorney in
addition to, or in lieu of, civil in personam forfeiture procedures, and is also subject to the provisions of this section. If a forfeiture is authorized by this chapter, it shall be ordered by the court in the in rem action.
2. An action in rem may be brought by the prosecuting attorney pursuant to a notice of pending forfeiture or verified complaint for forfeiture. The state may serve the complaint in the manner provided in § 809A.8, subsection 2, or as provided by the rules of civil procedure.
3. For the purposes of this section, an owner of or interest holder in property who has filed an answer shall be referred to as a claimant.
4. The answer shall be signed by the owner or interest holder under penalty of perjury and shall be in accordance with rule of civil procedure 1.405 and shall also set forth all of the following:
a. The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint and the name of the claimant.
b. The address where the claimant will accept mail.
c. The nature and extent of the claimant’s interest in the property.
d. The date, the identity of the transferor, and the circumstances of the claimant’s acquisition of the interest in the property.
e. The specific provision of this chapter relied on in asserting that it is not subject to forfeiture.
f. All essential facts supporting each assertion.
g. The specific relief sought.
5. The answer shall be filed within twenty days after service on the claimant of the civil in rem complaint.
6. The rules of civil procedure shall apply to discovery by the state and any claimant who has timely answered the complaint.
7. The forfeiture hearing shall be held without a jury and within sixty days after service of the complaint unless continued for good cause. The prosecuting attorney shall have the burden of proving by clear and convincing evidence that the property is subject to forfeiture. If the state so proves the property is subject to forfeiture, the claimant may assert that the claimant has an interest in the property which is exempt from forfeiture under this chapter. If the claimant asserts and makes a prima facie showing of the existence of the exemption, the prosecuting attorney then has the burden of proving by clear and convincing evidence that the exemption does not apply.
8. The court shall order the interest in the property returned or conveyed to the claimant if the prosecuting attorney fails to meet the state’s burden. The court shall order all other property forfeited to the state and conduct further proceedings pursuant to sections 809A.16 and 809A.17.
96 Acts, ch 1133, §13; 2013 Acts, ch 41, §1; 2017 Acts, ch 114, §10, 15
Referred to in §809A.8, 809A.14, 809A.15, 809A.16
2017 amendment to subsections 7 and 8 applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15