663.44 Costs.
1. If the plaintiff is discharged, the costs shall be assessed to the defendant, unless the defendant is an officer holding the plaintiff in custody under a commitment, or under other legal process, in which case the costs shall be assessed to the county. If the plaintiff’s application is refused, the costs shall be assessed against the plaintiff, and, in the discretion of the court, against the person who filed the petition in the plaintiff’s behalf.
2. Notwithstanding subsection 1, if the plaintiff is confined in any state institution and is discharged in habeas corpus proceedings, or if the habeas corpus proceedings fail, and costs and fees cannot be collected from the person liable to pay costs and fees, the costs and fees shall be paid by the county in which such state institution is located. The facts of such payment and the proceedings on which it is based, with a statement of the amount of fees or costs incurred, with approval in writing by the presiding judge appended to the statement or endorsed on the statement, shall be certified by the clerk of the district court under the seal of office to the state executive council. The executive council shall review the proceedings and authorize reimbursement for all such fees and costs or such part of the fees and costs as the executive council finds justified, and shall notify the director of the department of administrative services to draw a warrant to such county treasurer for the amount authorized. There is appropriated from moneys in the general fund not otherwise appropriated an amount necessary to pay the reimbursement authorized by the executive council. The costs and fees referred to above shall include any award of fees made to a court appointed attorney representing an indigent party bringing the habeas corpus action.
[C97, §4459; C24, 27, 31, 35, 39, §12511; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.44]
86 Acts, ch 1237, §40; 2003 Acts, ch 145, §286; 2011 Acts, ch 131, §39, 158
Referred to in §8.59, 602.8102(114), 822.1
Appropriation limited for fiscal years beginning July 1, 1993; see §8.59
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 663.2 - Verification — presentation to court.
Section 663.3 - Writ allowed — service.
Section 663.4 - Application — to whom made.
Section 663.5 - Inmates of state or federal institutions.
Section 663.7 - Reasons endorsed.
Section 663.10 - Penalty for refusing.
Section 663.11 - Issuance on judge’s own motion.
Section 663.12 - County attorney notified.
Section 663.13 - Service of writ.
Section 663.15 - Defendant not found.
Section 663.16 - Power of officer.
Section 663.19 - Defects in writ.
Section 663.20 - Penalty for eluding writ.
Section 663.21 - Refusal to give copy of process.
Section 663.22 - Preliminary writ.
Section 663.23 - Arrest of defendant.
Section 663.24 - Execution of writ — return.
Section 663.26 - Informalities.
Section 663.27 - Appearance — answer.
Section 663.28 - Body to be produced.
Section 663.29 - Penalty — contempt.
Section 663.32 - Transfer of plaintiff.
Section 663.33 - Copy of process.
Section 663.34 - Demurrer or reply — trial.
Section 663.35 - Commitment questioned.
Section 663.36 - Nonpermissible issues.
Section 663.38 - Plaintiff held.
Section 663.40 - Plaintiff retained in custody.
Section 663.41 - Right to be present waived.
Section 663.42 - Disobedience of order.