811.3 Qualification and examination of surety.
1. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2, may act as surety. Resident owners of property which is located within the state and which is worth the amount specified in the undertaking, may act as surety, and must in all cases justify by an affidavit taken before an officer authorized to administer oaths that such surety possesses such qualifications.
2. In taking bail each signer may justify severally in amounts less than that expressed in the undertaking, if the whole justification be equivalent to one sufficient bail.
3. The court in which the action is pending, or the clerk thereof, or magistrate may require the personal appearance of sureties offered, and may thereupon further examine them upon oath concerning their sufficiency, and may also receive other evidence for or against the sufficiency of the bail. When such examination is closed, the official conducting such examination must make an order, either allowing or disallowing the bail, and forthwith cause the same, with the affidavits or justification and undertaking of bail, to be filed with the clerk of the court to which the papers on the preliminary examination are required to be sent.
[C51, §3220 – 3224; R60, §4969 – 4973; C73, §4575 – 4579; C97, §5507 – 5510; C24, 27, 31, 35, 39, §13619 – 13622; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.11 – 763.14; C79, 81, §811.3]
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 811 - PRETRIAL AND POST-TRIAL RELEASE — BAIL
Section 811.1 - Bail and bail restrictions.
Section 811.1A - Detention hearing.
Section 811.2 - Conditions of release — penalty for failure to appear.
Section 811.2A - Pretrial release.
Section 811.3 - Qualification and examination of surety.
Section 811.4 - Undertaking of bail as liens on real estate.
Section 811.5 - Bail on appeal.
Section 811.6 - Forfeiture of bail.
Section 811.7 - Recommitment after bail.
Section 811.8 - Surrender of defendant.
Section 811.9 - Forfeiture of appearance bond and conditions to set aside.
Section 811.10 - Discharge of surety.