Iowa Code

Iowa Code § 811.3 (2026)

Qualification and examination of surety

✓ current as of July 2026

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1. a. Insurance companies doing business in this state under the provisions of section 515.48, subsection 2, may act as surety. Resident owners of property that is located within the state and that 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.

b. A company acting as surety shall not engage in conduct or activities substantially similar to those of a bail enforcement agent or bail enforcement business, as those terms are defined in section 80A.1, without receiving a license from the department of public safety as specified in chapter 80A.

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\n\nTue Dec 09 21:53:46 2025 Iowa Code 2026, Chapter 811 (29, 0) 5 PRETRIAL AND POST-TRIAL RELEASE — BAIL, §811.6\n\nthem 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] 2024 Acts, ch 1028, §2 \n

Notes of Decisions

Cited in 2 cases, 2007–2007 · leading case: State v. Boggs, 741 N.W.2d 492 (Iowa 2007).

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State v. Boggs, 741 N.W.2d 492 (Iowa 2007). · cites it 2× “Boggs filed a pretrial motion and claimed a new trial on the original charge under Count II would violate the double jeopardy provisions of Iowa Code section 811.3(3) because the crime of conviction from the first trial was a lesser included offense of the original class “B”…”

State Of Iowa Vs. David Michael Boggs (Iowa 2007). · cites it 2× “Boggs filed a pretrial motion and claimed a new trial on the original charge under Count II would violate the double jeopardy provisions of Iowa Code section 811.3(3) because the crime of conviction from the first trial was a lesser included offense of the original class “B”…”

— Iowa Code § 811.3(3) — 2 cases

State v. Boggs, 741 N.W.2d 492 (Iowa 2007). “Boggs filed a pretrial motion and claimed a new trial on the original charge under Count II would violate the double jeopardy provisions of Iowa Code section 811.3(3) because the crime of conviction from the first trial was a lesser included offense of the original class “B”…”

State Of Iowa Vs. David Michael Boggs (Iowa 2007). “Boggs filed a pretrial motion and claimed a new trial on the original charge under Count II would violate the double jeopardy provisions of Iowa Code section 811.3(3) because the crime of conviction from the first trial was a lesser included offense of the original class “B”…”

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