The Iowa Supreme Court has clarified that under the old rules of Criminal Procedure, the 45-day speedy indictment does not apply unless there is an appearance before a magistrate or a waiver of such is filed, but the time to start the running of the deadline begins with the date of arrest. However, under the newly amended rules of Criminal procedure, the time to start the running of the clock for a speedy indictment does not begin unless and until either the Defendant appears before a magistrate or a waiver of such is filed. The date of arrest no longer is the applicable starting point for the running of the speedy trial deadline to file a trial information.

Read the case