As amended through Septmber 9, 2024
Rule 2.26 - Execution of judgment and stay thereof2.26(1)Execution of judgment.a. Mittimus. When a judgment of confinement is pronounced, a certified copy of the entry of judgment shall be furnished to the sheriff, who shall execute it accordingly. Upon delivery of the defendant to the person in charge of the place where the defendant is to be confined, the sheriff shall make a return of execution, which shall be filed.b. Upon discharge. When the court orders a defendant in custody released, the person in charge of the place of confinement shall file a notice of release with the clerk of court.c. 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.d. Execution in other cases. When the judgment is 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. The sheriff shall return and file the same, with the sheriff's actions thereon endorsed, with the court in which the judgment was rendered, within the time specified by the court but not exceeding 70 days after the date of the certificate of such certified copy.e. Available credit for time spent in custody before trial or sentencing. 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 on bond as permitted by Iowa Code section 811.1. The court shall fix the terms of release upon the posting of the appeal bond.b. Probation. A sentencing order that places the defendant on probation may be stayed if an appeal is taken and an appeal bond is posted. If the sentencing order is not stayed, probation shall commence at the time of sentencing. If the order is stayed, the court shall fix the terms of the stay.c. Monetary payments. Upon the posting of an appeal bond, the court may stay the collection of fines and restitution, including victim restitution, Category "A" restitution, and Category "B" restitution.d. Sex offender registry. A stay of execution does not affect a defendant's requirement to comply with sex offender registration and notification.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 74; Report November 9, 2001, effective 2/15/2002; Court Orders October 14, 2022, November 7, 2022, effective 7/1/2023.