Iowa Code 809A.13 – In rem proceedings
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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.
Terms Used In Iowa Code 809A.13
- 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
- Interest holder: means a secured party within the meaning of chapter 554, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest is perfected against a good faith purchaser for value. See Iowa Code 809A.1
- Owner: means a person, other than an interest holder, who has an interest in property. See Iowa Code 809A.1
- Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Iowa Code 809A.1
- Prosecuting attorney: means an attorney who is authorized by law to appear on the behalf of the state in a criminal case, and includes the attorney general, an assistant attorney general, the county attorney, an assistant county attorney, or a special or substitute prosecutor whose appearance is approved by a court having jurisdiction to try a defendant for the offense with which the defendant is charged. See Iowa Code 809A.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
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 section 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.