Iowa Rules of Criminal Procedure
2.25(1) Purpose. The purpose of a bill of exceptions is to make the proceedings or evidence appear of record which would not otherwise so appear.
2.25(2) What constitutes record; exceptions unnecessary. All papers pertaining to the cause and filed with the clerk, and all entries made by the clerk in the record book pertaining to them, and showing the action or decision of the court upon them or any part of them, and the judgment, are to be deemed parts of the record, and it is not necessary to except to any action or decision of the court so appearing of record.
2.25(3) Grounds for exceptions. On the trial of an indictable offense, exceptions may be taken by the state or by the defendant to any decision of the court upon matters of law, in any of the following cases:
a. In disallowing a challenge to an individual juror.
b. In admitting or rejecting witnesses or evidence on the trial of any challenge to an individual juror.
c. In admitting or rejecting witnesses or evidence.
d. In deciding any matter of law, not purely discretionary on the trial of the issue.
Exceptions may also be taken to any action or decision of the court which affects any other material or substantial right of either party, whether before or after the trial of the indictment, or on the trial.
2.25(4) Bill by judge. Either party may take an exception to any decision or action of the court, in any stage of the proceedings, not required to be and not entered in the record book, and reduce the same to writing, and tender the same to the judge, who shall sign it if true, and if signed it shall be filed with the clerk and become part of the record of the cause.
2.25(5) Bill by bystanders. If the judge refuses to sign it, such refusal must be stated at the end thereof, and it may then be signed by two or more attorneys or officers of the court or disinterested bystanders, and sworn to by them, and filed with the clerk, and it shall thereupon become a part of the record of the cause.
2.25(6) Time to approve bill. The judge shall be allowed one court day to examine the bill of exceptions, and the party excepting shall be allowed three court days thereafter to procure the signatures and file the same.
2.25(7) Modification of bill. If the judge and the party excepting can agree in modifying the bill of exceptions, it shall be modified accordingly.
2.25(8) Time allowed to prepare bill. Time must be given to prepare the bill of exceptions when it is necessary; if it can reasonably be done, it shall be settled at the time of taking the exception.
[Report 1979; Court Order December 20, 1996; November 9, 2001, effective February 15, 2002]
Rule 2.26 Execution and stay thereof.
2.26(1) Mechanics of execution.
a. Copy of judgment. When a judgment of confinement, either in the penitentiary or county jail or other detention facility, is pronounced, an execution, consisting of a certified copy of the entry of judgment must be forthwith furnished to the officer whose duty it is to execute the same, who shall proceed and execute it accordingly, and no other warrant or authority is necessary to justify or require its execution.
b. Execution and return within county; confinement. A judgment for confinement to be executed in the county where the trial is had shall be executed by the sheriff thereof, and return made upon the execution, which shall be delivered to and filed by the clerk of said court.
c. Executions outside county; confinement.
(1) Under all other judgments for confinement, the sheriff shall deliver a certified copy of the execution with the body of the defendant to the keeper of the jail or penitentiary in which the defendant is to be confined in execution of the judgment, and take receipt therefor on a duplicate copy thereof, which the sheriff must forthwith return to the clerk of the court in which the judgment was rendered, with the sheriff’s return thereon, and a minute of said return shall be entered by the clerk as a part of the record of the proceedings in the cause in which the execution issued.
(2) When such defendant is discharged from custody, the jailer or warden of the place of confinement shall make return of such fact to the proper court, and an entry thereof shall be made by its clerk as is required in the first instance.
d. Execution for fine.
(1) Upon a judgment for a fine, an execution may be issued as upon a judgment in a civil case, and return thereof shall be made in like manner.
(2) Judgments for fines, in all criminal actions rendered, are liens upon the real estate of the defendant, and shall be entered upon the lien index in the same manner and with like effect as judgments in civil actions.
e. Execution in other cases. When the judgment is for the abatement or removal of a nuisance, or for anything other than confinement or payment of money by the defendant, an execution consisting of a certified copy of the entry of such judgment, delivered to the sheriff of the proper county, shall authorize and require the sheriff to execute such judgment and return the same, with the sheriff’s doings under the same thereon endorsed, to the clerk of the court in which the judgment was rendered, within a time specified by the court but not exceeding 70 days after the date of the certificate of such certified copy.
f. Days in jail before trial credited. The defendant shall receive full credit for time spent in custody on account of the offense for which the defendant is convicted.
2.26(2) Stay of execution.
a. Confinement. A sentence of confinement shall be stayed if an appeal is taken and the defendant is released pending disposition of appeal pursuant to Iowa Code chapter 814.
b. Fine and other cases. The defendant may have a stay of execution for the same length of time and in the same manner as provided by law in civil actions, and with like effect, and the same proceedings may be had therein.
c. Probation. An order placing the defendant on probation may be stayed if an appeal is taken. If not stayed, the court shall specify when the term of probation shall commence. If the order is stayed the court shall fix the terms of the stay.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §74; Report November 9, 2001, effective February 15, 2002]
Rule 2.27 Presence of defendant; regulation of conduct by the court.
2.27(1) Felony or misdemeanor. In felony cases the defendant shall be present personally or by interactive audiovisual closed circuit system at the initial appearance, arraignment and plea, unless a written arraignment form as provided in rule 2.8(1) is filed, and pretrial proceedings, and shall be personally present at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. In other cases the defendant may appear by counsel.
2.27(2) Continued presence not required. In all cases, the progress of the trial or any other proceeding shall not be prevented whenever a defendant, initially present:
a. Is voluntarily absent after the trial or other proceeding has commenced.
b. Engages in conduct justifying exclusion from the courtroom.
2.27(3) Presence not required. A defendant need not be present in the following situations:
a. A corporation may appear by counsel for all purposes.
b. The defendant’s presence is not required at a reduction of sentence under rule 2.24.
2.27(4) Regulation of conduct in the courtroom.
a. When a defendant engages in conduct seriously disruptive of judicial proceedings, one or more of the following steps may be employed to ensure decorum in the courtroom:
(1) Cite the defendant for contempt.
(2) Take the defendant out of the courtroom until the defendant promises to behave properly.
(3) Bind and gag the defendant, thereby keeping the defendant present.
b. When a magistrate reasonably believes a person who is present in the courtroom has a weapon in the person’s possession, the magistrate may direct that such person be searched, and any weapon be retained subject to order of the court.
c. The magistrate may cause to have removed from the courtroom any person whose exclusion is necessary to preserve the integrity or order of the proceedings.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §75, 76; amendment 1984; Report April 20, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002]
Rule 2.28 Right to appointed counsel.
2.28(1) Representation. Every defendant who is an indigent person as defined in Iowa Code section 815.9 is entitled to have counsel appointed to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before the magistrate or the court through appeal, including probation revocation hearings, unless the defendant waives such appointment.
An alleged parole violator who is an indigent person as defined in Iowa Code section 815.9 shall be advised during his or her initial appearance of the right to request the appointment of counsel for the parole revocation proceedings.
2.28(2) Compensation. When counsel is appointed to represent an indigent defendant or alleged parole violator, compensation shall be paid as directed in Iowa Code chapter 815.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §77; 69GA, ch 117, §1242; 1983 Iowa Acts, ch 186, §10146; Report November 9, 2001, effective February 15, 2002; January 3, 2003, effective March 17, 2003; January 4, 2005, effective March 15, 2005]
Rule 2.29 Appointment of appellate counsel in criminal cases.
2.29(1) An indigent defendant, as defined in Iowa Code section 815.9, convicted of an indictable offense or a simple misdemeanor where defendant faces the possibility of imprisonment, is entitled to appointment of counsel on appeal or application for discretionary review to the supreme court. Application for appointment of appellate counsel shall be made to the trial court, which shall retain authority to act on the application after notice of appeal or application for discretionary review has been filed. The district court clerk shall promptly submit any application for appointment of counsel or for transcript at public expense to a judge with authority to act on the application. The clerk shall also provide the supreme court clerk with a copy of any order appointing appellate counsel. The supreme court or a justice may appoint counsel if the trial court fails or refuses to appoint and it becomes necessary to further provide for counsel.
2.29(2) Defendant may orally apply for appointment of appellate counsel only at the time specified in rule 2.23(3)(f). Upon such oral application if the trial court determines defendant is an indigent, the court shall proceed pursuant to rule 2.23(3)(f).
2.29(3) At all subsequent times defendant shall apply for appointment of appellate counsel in writing to the trial court, which shall by order either approve or deny such application no later than seven days after it is filed.
2.29(4) If the trial court finds defendant is ineligible for appointment of appellate counsel, it shall include in the record a statement of the reasons why counsel was not appointed. Defendant may apply to the supreme court for review of a trial court order denying defendant appointed counsel. Such application must be filed with the supreme court within ten days of the filing of the trial court order denying defendant’s request for appointed counsel.
2.29(5) If defendant has proceeded as an indigent in the trial court and a financial statement already has been filed pursuant to Iowa Code section 815.9, the defendant, upon making application for appointment of appellate counsel, shall be presumed to be indigent, and an additional financial statement shall not be required unless evidence is offered that defendant is not indigent. In all other cases defendant shall be required to submit a financial statement to the trial court. Defendant and appointed appellate counsel are under a continuing obligation to inform the trial court of any change in circumstances that would make defendant ineligible to qualify as indigent.
2.29(6) Trial counsel shall continue as defendant’s appointed appellate counsel unless the trial court or supreme court orders otherwise. Unless appellate counsel is immediately appointed under rule 2.23(3)(f), trial counsel shall determine whether defendant wants to appeal. If so, and defendant desires appointed appellate counsel, trial counsel shall file with the district court the notice of appeal and an application for appointment of counsel and for transcript at public expense. If defendant wants to appeal but desires to proceed pro se, trial counsel shall file with the district court the notice of appeal, a notice signed by defendant indicating defendant’s intent to proceed pro se, an application for transcript at public expense, and the combined certificate along with counsel’s motion to withdraw. Selection of appointed appellate counsel shall be the responsibility of the trial court. Defendant shall not have the right to select the attorney to be assigned; however, defendant’s request for particular counsel shall be given consideration by the trial court.
[Report 1980; 1983 Iowa Acts, ch 186, §10147; Report October 27, 1999, effective January 3, 2000; November 9, 2001, effective February 15, 2002]
Rule 2.30 Waiver of right to appellate counsel in criminal cases. An indigent defendant may waive the defendant’s right to have appellate counsel appointed if defendant does so in writing and the trial court finds of record that defendant has acted with full awareness of the defendant’s rights and of the consequences of a waiver and if the waiver is otherwise made according to law. Defendant may withdraw a waiver of the defendant’s right to appellate counsel at any time. Such withdrawal and subsequent appointment of counsel shall not affect any prior appellate proceedings in which defendant acted pro se and shall not extend any appellate deadlines, unless the appropriate appellate court otherwise orders. Notwithstanding a waiver by defendant, the trial court, after notice of appeal or application for discretionary review has been filed, may appoint counsel to advise defendant during appellate proceedings if it appears to the court that, because of the gravity of the offense and other circumstances affecting defendant, the failure to appoint counsel may result in injustice to the defendant.
[Report 1980; November 9, 2001, effective February 15, 2002]
Rule 2.31 Compensation of appointed appellate counsel. Appointed appellate counsel’s compensation shall be determined by the trial court pursuant to the provisions of Iowa Code section 815.7.
[Report 1980; November 9, 2001, effective February 15, 2002]
Rule 2.32 Forms — Appointment of Counsel
Rule 2.32 — Form 1: Financial Affidavit and Application for Appointment of Counsel.
[Report February 21, 1985, effective July 1, 1985; November 9, 2001, effective February 15, 2002; April 11, 2008, effective July 1, 2008; June 26, 2008, effective September 1, 2008; November 8, 2012, effective January 7, 2013]
Rule 2.32 — Form 1A: Order for Appointment of Counsel.
[Report November 8, 2012, effective January 7, 2013]
Rule 2.32 — Form 2: Financial Affidavit of Parent and Application for Appointment of Counsel for ❏Child ❏Parent ❏Other.
[Report February 21, 1985, effective July 1, 1985; November 9, 2001, effective February 15, 2002; April 11, 2008, effective July 1, 2008; June 26, 2008, effective September 1, 2008; November 8, 2012, effective January 7, 2013]
Rule 2.32 — Form 2A: Order for Appointment of Counsel for ❏Child ❏Parent ❏Other.
[Report November 8, 2012, effective January 7, 2013]
Rule 2.33 Dismissal of prosecutions; right to speedy trial.
2.33(1) Dismissal generally; effect. The court, upon its own motion or the application of the prosecuting attorney, in the furtherance of justice, may order the dismissal of any pending criminal prosecution, the reasons therefor being stated in the order and entered of record, and no such prosecution shall be discontinued or abandoned in any other manner. Such a dismissal is a bar to another prosecution for the same offense if it is a simple or serious misdemeanor; but it is not a bar if the offense charged be a felony or an aggravated misdemeanor.
2.33(2) Speedy trial. It is the public policy of the state of Iowa that criminal prosecutions be concluded at the earliest possible time consistent with a fair trial to both parties. Applications for dismissals under this rule may be made by the prosecuting attorney or the defendant or by the court on its own motion.
a. When an adult is arrested for the commission of a public offense, or, in the case of a child, when the juvenile court enters an order waiving jurisdiction pursuant to Iowa Code section 232.45, and an indictment is not found against the defendant within 45 days, the court must order the prosecution to be dismissed, unless good cause to the contrary is shown or the defendant waives the defendant’s right thereto.
b. If a defendant indicted for a public offense has not waived the defendant’s right to a speedy trial the defendant must be brought to trial within 90 days after indictment is found or the court must order the indictment to be dismissed unless good cause to the contrary be shown.
c. All criminal cases must be brought to trial within one year after the defendant’s initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.
d. If the court directs the prosecution to be dismissed, the defendant, if in custody, must be discharged, or the defendant’s bail, if any, exonerated, and if money has been deposited instead of bail, it must be refunded to the defendant.
2.33(3) Jury impaneled outside of county. For purposes of this section, when a jury is to be impaneled from outside the county under rule 2.11(10)(d), a defendant is deemed to have been brought to trial as of the day when the trial commences in the county in which jury selection takes place.
2.33(4) Change of venue after jury selection commenced. Whenever a change of venue is granted pursuant to Iowa Code section 803.2, the defendant may be brought to trial within 30 days of the grant of the change of venue, notwithstanding rule 2.33(2)(b).
[66GA, ch 1245(2), §1301; amendment 1979; amendment 1980; amendment 1982; 82 Acts, ch 1021, §5, effective July 1, 1983; Report November 9, 2001, effective February 15, 2002]
Rule 2.34 Motions, orders and other papers.
2.34(1) Motions. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit.
2.34(2) Service of motions, orders and papers. Service and filing of written motions, notices, orders and other similar papers shall be in the manner provided in civil actions.
[66GA, ch 1245(2), §1301; Report November 9, 2001, effective February 15, 2002; June 29, 2009, effective August 28, 2009]
2.35(1) District court practice rules. The supreme court and district court shall have authority to adopt rules governing practice in the district court which are not inconsistent with these rules and applicable statutes.
2.35(2) Procedures not specified. If no procedure is specifically prescribed by these rules or by statute, the court may proceed in any lawful manner not inconsistent therewith.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §78; Report November 9, 2001, effective February 15, 2002]
Rule 2.36 Forms for search and arrest warrants.
Rule 2.36 — Form 1: Search Warrant. A search warrant shall be in substantially the following form:
Rule 2.36 — Form 2: Application for Search Warrant. An application for a search warrant shall be in substantially the following form:
Rule 2.36 — Form 3: Endorsement on Search Warrant Application.
Rule 2.36 — Form 4: Return of Service.
[66 GA, ch 1245(2), §1301; 1984 Iowa Acts, ch 1324, §1; Report February 13, 1986, effective July 1, 1986; August 1, 1997; Report November 20, 1997, effective January 21, 1998; November 9, 2001, effective February 15, 2002]
Rule 2.36 — Form 5: Arrest Warrant on a Complaint.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §93; Report November 9, 2001, effective February 15, 2002]
Rule 2.36 — Form 6: Arrest Warrant After Indictment or Information.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §94; Report November 9, 2001, effective February 15, 2002]
Rule 2.36 — Form 7: Arrest Warrant When Defendant Fails to Appear for Sentencing.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §95; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 Forms other than warrants. The following forms are illustrative and not mandatory, but any particular instrument shall substantially comply with the form illustrated.
[66GA, ch 1245(2), §1301; 1984 Iowa Acts, ch 1324, §2; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 1: Bail Bond.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §96; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 2: Order for Discharge of Defendant Upon Bail.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §97; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 3: Order for Discharge of Defendant Upon Bail: Another Form.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §98; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 4: Trial Information.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §99; Report 1978, effective July 1, 1979; amendment 1979; November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 5: General Indictment Form.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §100; Report November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 6: Written Arraignment and Plea of Not Guilty.
[Report 1982; November 9, 2001, effective February 15, 2002]
Rule 2.37 — Form 7: Application for Postconviction Relief Form.
DIRECTIONS TO CLERK OF COURT
The clerk of court shall docket this application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the county attorney and the attorney general. See Iowa Code §822.3.
[Report 1980; November 9, 2001, effective February 15, 2002]
Rules 2.38 to 2.50 Reserved.
SIMPLE MISDEMEANORS
Rule 2.51 Scope. The rules set forth in this section shall apply to trials of simple misdemeanors, and attendant proceedings and to appeals from conviction in such cases.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.52 Applicability of indictable offense rules. Procedures not provided for herein shall be governed by the provisions of the rules or statutes governing indictable offenses which are by their nature applicable to misdemeanor prosecutions.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §81; Report November 9, 2001, effective February 15, 2002]
Rule 2.53 To whom tried. Judicial magistrates and district associate judges may hear, try and determine simple misdemeanors. District judges may transfer any simple misdemeanors pending before them to the nearest judicial magistrate or district associate judge.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §82; Report November 9, 2001, effective February 15, 2002]
Rule 2.54 The charge. Prosecutions for simple misdemeanors must be commenced by filing a subscribed and sworn to complaint with a magistrate or district court clerk or the clerk’s deputy.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.55 Contents of the complaint. The complaint shall contain:
2.55(1) The name of the county and of the court where the complaint is filed.
2.55(2) The names of the parties, if the defendants be known, and if not, then such names as may be given them by the complainant.
2.55(3) A concise statement of the act or acts constituting the offense, including the time and place of its commission as near as may be, and identifying by number the provision of law alleged to be violated.
2.55(4) The provisions of rule 2.6(5) shall be applicable to the prosecution before a magistrate of cases within the magistrate’s jurisdiction.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §83; Report November 9, 2001, effective February 15, 2002]
Rule 2.56 Filing of complaint. The magistrate or district court clerk or the clerk’s deputy must file the complaint and mark thereon the time of filing the same.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.57 Arrest warrant. Immediately upon filing the complaint, the magistrate or district court clerk or the clerk’s deputy may issue an arrest warrant or may issue a citation instead of an arrest warrant and deliver it to a peace officer.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.58 Arrest. The officer who receives the warrant shall arrest the defendant and bring the defendant before the magistrate without unnecessary delay or serve the citation in the manner provided in Iowa Code chapter 804.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §84; Report November 9, 2001, effective February 15, 2002]
Rule 2.59 Prosecution of corporations. In prosecutions against corporations the corporation may be proceeded against by summons as set forth in Iowa Code chapter 807.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.60 Appearance of defendant. Upon initial appearance, the charge against the defendant must be distinctly read to the defendant, and a copy given to the defendant, and the defendant shall be asked whether the defendant is charged under the defendant’s correct name. If the defendant objects to being wrongly named in the complaint, the defendant must give the correct name, and if the defendant refuses to do so, or does not object to being wrongly named, the magistrate shall make an entry thereof in the docket, and the defendant is thereafter precluded from making any such objection.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.61 Rights of defendant.
2.61(1) The court shall inform the defendant:
a. Of the defendant’s right to counsel.
b. Of the circumstances under which the defendant might secure pretrial release, and of the defendant’s right to review any conditions imposed on the defendant’s release.
c. That the defendant is not required to make a statement and that if the defendant does, it may be used against the defendant.
2.61(2) In cases where the defendant faces the possibility of imprisonment, the court shall appoint counsel for an indigent defendant in accordance with procedures established under rule 2.2(3). The magistrate shall allow the defendant reasonable time and opportunity to consult with counsel, in the event the defendant expresses a desire to do so.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §85; Report November 9, 2001, effective February 15, 2002]
Rule 2.62 Bail. Admission to bail shall be as provided for in Iowa Code chapter 811. Upon proper application, a district court judge or district associate judge is authorized to review and amend the conditions of bail previously imposed. There shall be no more than one review except upon changed conditions.
[66GA, ch 1245(2), §1302; Report December 28, 1989, effective April 2, 1990; November 9, 2001, effective February 15, 2002]
Rule 2.63 Plea. The defendant shall be required to enter a plea to the complaint, and permissible pleas include those allowed when the defendant is indicted, as set forth in rule 2.8.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.64 Trial date. Upon a plea other than guilty the magistrate shall set a trial date which shall be at least 15 days after the plea is entered. The magistrate shall notify the prosecuting attorney of the trial date and shall advise the defendant that the trial will be without a jury unless demand for jury trial is made no later than ten days following the plea of not guilty. Failure to make a jury demand in the manner prescribed herein constitutes a waiver of jury. If demand is made, the action shall be tried by a jury of six members. Upon the request of the defendant, the magistrate may set the date of trial at a time less than 15 days after a plea other than guilty is entered. The magistrate shall notify the defendant that a request for earlier trial date shall constitute a waiver of jury.
[66GA, ch 1245(2), §1302; Report December 28, 1989, effective April 2, 1990; November 9, 2001, effective February 15, 2002]
Rule 2.65 Change of venue. A change of venue may be applied for and accomplished in either of the manners prescribed in rule 2.11(10).
[66GA, ch 1245(2), §1302; 82 Acts, ch 1021, §6, effective July 1, 1983; Report November 9, 2001, effective February 15, 2002]
See also rule 22.9
Rule 2.66 Bailiff obtained. If trial by jury is demanded and a court attendant employed under Iowa Code section 602.6601 is not available to assist the magistrate, the magistrate shall notify the sheriff who shall furnish a bailiff at that time and place to act as officer of the court.
[66GA, ch 1245(2), §1302; 1983 Iowa Acts, ch 186, §10148; Report November 9, 2001, effective February 15, 2002]
Rule 2.67 Selection of jury; trial.
2.67(1) Selection of panel. If a trial by jury is demanded, the magistrate shall notify the clerk of the district court of the time and place of trial. The clerk shall thereupon select by lot 14 names from the district court jury panel. The clerk shall notify these jurors of the time and place for trial.
2.67(2) Challenges. Except where inconsistent with this rule, rule 2.18 shall apply, but no challenge to the panel is allowed.
2.67(3) Completion of panel. If for any reason the panel as chosen by the clerk becomes insufficient to obtain a jury, the magistrate may direct the officer of the court to summon any bystander or others who may be competent, and against whom no sufficient cause of challenge appears, to act as jurors.
2.67(4) Strikes. If, after all challenges and strikes as noted in rule 2.18 have been exercised, the remaining jurors number more than six, the parties, commencing with the defendant, shall continue to strike jurors in order until the panel is reduced to six jurors.
2.67(5) Alternate jurors. No alternate jurors shall be chosen.
2.67(6) Jury of six. When six jurors appear and are accepted, they shall constitute the jury.
2.67(7) Oath of jurors. The magistrate must thereupon administer to them the following oath or affirmation: “You do swear (or, you do solemnly affirm, as the case may be) that you will well and truly try the issue between the state of Iowa and the defendant, and a true verdict give according to the law and evidence.”
2.67(8) Trial. The court shall conduct the trial in the manner of indictable cases in accordance with rule 2.19.
2.67(9) Record. The proceedings upon trial shall not be reported, unless a party provides a reporter at such party’s expense. The magistrate may cause the proceedings upon trial to be reported electronically. If the proceedings are being electronically recorded both parties shall be notified in advance of that recording. If the defendant is indigent and requests that the proceedings upon trial be reported, the judicial magistrate shall cause them to be reported by a reporter, or electronically, at public expense. If the proceedings are not reported electronically, the judicial magistrate shall make minutes of the testimony of each witness and append the exhibits or copies thereof. If the proceedings have been reported electronically the recording shall be retained under the jurisdiction of the magistrate and upon request shall be transcribed only by a person designated by the court under the supervision of the magistrate. The transcription shall be provided anyone requesting it upon payment of actual cost of transcription or to an indigent defendant as herein above provided.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §86; 1987 Iowa Acts, ch 25, §1; Report November 9, 2001, effective February 15, 2002]
Rule 2.68 Judgment. When the defendant is acquitted, the defendant must be immediately discharged. When the defendant pleads guilty or is convicted, the magistrate may render judgment thereon as the case may require, being governed by the rules prescribed for the trial of indictable offenses, as far as the same are applicable.
If the judgment and costs are not fully and immediately satisfied, the magistrate shall indicate on the judgment the portion unsatisfied and shall promptly certify a copy of the judgment to the clerk of the district court. The clerk shall index and file the judgment, whereupon it is a judgment of the district court.
[66GA, ch 1245(2), §1302; 1983 Iowa Acts, ch 186, §10149; Report November 9, 2001, effective February 15, 2002]
Rule 2.69 Costs taxed to prosecuting witness. If the prosecuting witness fails without good cause to appear or give evidence on the trial, and defendant is discharged on account of such failure, the magistrate may, in the magistrate’s discretion, tax the costs of the proceeding against such prosecuting witness and render judgment therefor; and if defendant is acquitted, the magistrate shall, if satisfied that the prosecution is malicious or without probable cause, so tax the costs and render judgment therefor.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
Rule 2.70 Suppression of evidence and disposition of seized property. Motions to suppress evidence shall proceed in the manner provided for the trial of indictable offenses, and any property seized dealt with in the manner provided in indictable offenses.
[66GA, ch 1245(2), §1302; Report November 9, 2001, effective February 15, 2002]
See also rule 2.12
Rule 2.71 Joint trials. Two or more complaints against one defendant may be tried jointly. Two or more defendants who are alleged to have participated in the same transaction or occurrence or series of transactions or occurrences from which the offense or offenses charged arose may be tried jointly whether the defendants are charged in one or more complaints. Jointly tried complaints or defendants shall be adjudged separately. Complaints or defendants shall not be jointly tried as to a party if the court finds, in its discretion, that prejudice would result to the party.
[66GA, ch 1245(2), §1302; amendment 1982; Report November 9, 2001, effective February 15, 2002]
Rule 2.72 Forfeiture of collateral in lieu of appearance. In a specified simple misdemeanor other than one charged upon a uniform citation and complaint a court may accept a forfeiture of collateral security in lieu of appearance, as a proper disposition of a case. Each judicial district, by action of a majority of the district judges, may determine the misdemeanors subject to such disposition and promulgate by rule a list of same and disseminate to all magistrates in the district. A copy of such rule shall be transmitted to the clerk of the supreme court. Prior to termination of the case by forfeiture under this rule, the defendant must execute a written request for same. Unless vacated upon application within 30 days of the forfeiture, such forfeiture shall constitute a conviction in satisfaction.
In the event a simple misdemeanor is charged upon the uniform citation and complaint defined in Iowa Code section 805.6, and the defendant either has submitted unsecured appearance bond as provided in that section or has submitted bail as provided in Iowa Code section 805.9, subsection 3, the court or the clerk of the district court may enter a conviction pursuant to the defendant’s written appearance and may enter a judgment of forfeiture of the collateral in satisfaction of the judgment and sentence; provided that if the defendant submitted unsecured appearance bond or if bail remains uncollected, execution may issue upon the judgment of the court at any time after entry of the judgment.
[66GA, ch 1245(2), §1302; 67GA, ch 147, §54; Report November 9, 2001, effective February 15, 2002]
2.73(1) Notice of appeal. An appeal may be taken by the plaintiff only upon a finding of invalidity of an ordinance or statute. In all other cases, an appeal may only be taken by the defendant and only upon a judgment of conviction. Execution of the judgment shall be stayed upon filing with the clerk of the district court an appeal bond with surety approved by the clerk, in the sum specified in the judgment. A party takes an appeal by giving notice orally to the magistrate at the time judgment is rendered that the party appeals or by filing with the clerk of the district court not later than ten days after judgment is rendered a written notice of appeal. When an oral notice of an appeal is given to the magistrate, the magistrate must make an entry on the docket of the giving of such notice. Payment of fine or service of a sentence of imprisonment does not waive the right to appeal, nor render the appeal moot.
2.73(2) Record. When an appeal is taken, the magistrate shall promptly forward to the appropriate district court clerk a copy of the magistrate’s docket entries, together with copies of the complaint, warrant, motions, pleadings, the magistrate’s minutes of the witnesses’ testimony, the exhibits or the originals thereof, and the other papers in the case. Within ten days after an appeal is taken, unless extended by order of a district judge or district associate judge, any party may file with the clerk, as a part of the record, a transcript of the official report, if any, and, in the event the report was made electronically, the tape or other medium on which the proceedings were preserved.
2.73(3) Procedure if appeal from magistrate. If the original action was tried by a district judge, district associate judge, or judicial magistrate, the appellant shall file and serve, within 14 days after taking the appeal, a brief in support of the appeal. The brief shall include statements of the specific issues presented for review and the precise relief requested. The appellee may file and serve, within ten days after service of the appellant’s brief, a responding brief. Either party may request, at the end of the party’s brief, permission to be heard in oral argument. Within 30 days after the filing, or expiration of time for filing, of the appellee’s brief, the appeal shall be submitted to the court on the record and any briefs without oral argument, unless otherwise ordered by the court or its designee. If the court, on its own motion or motion of a party, finds the record to be inadequate, it may order the presentation of further evidence. If the original action was tried by a district judge, the appeal shall be decided by a different district judge. If the original action was tried by a district associate judge, the appeal shall be decided by a district judge or a different district associate judge. If the original action was tried by a judicial magistrate, the appeal shall be decided by a district judge or district associate judge. Findings of fact in the original action shall be binding on the judge deciding the appeal if they are supported by substantial evidence. The judge deciding the appeal may affirm, or reverse and enter judgment as if the case were being originally tried, or enter any judgment which is just under the circumstances.
2.73(4) Bail.
a. Admission to bail. Admission to bail shall be as provided in Iowa Code chapter 811. Execution of the judgment shall not be stayed unless the defendant is admitted to bail.
b. Officers authorized to take bail. Bail may be taken by the magistrate who rendered the judgment or by any magistrate of that county. The magistrate taking bail shall remit it to the clerk of the district court who shall give receipt therefor.
2.73(5) Counsel. In appropriate cases, the magistrate shall appoint counsel on appeal.
2.73(6) Review by supreme court. After the decision on appeal the defendant may apply for discretionary review pursuant to Iowa Code section 814.6(2)(d), and the plaintiff may apply for discretionary review pursuant to Iowa Code section 814.5(2)(d). Procedure on discretionary review shall be as prescribed in Iowa R. App. P. 6.106.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §87, 88; amendment 1979; 68GA, ch 1022, §22, effective January 1, 1981; amendment 1982; Report May 7, 1986, effective July 15, 1986; 1987 Iowa Acts, ch 25, §2, 3; Report June 29, 2001, effective September 10, 2001; November 9, 2001, effective February 15, 2002; October 31, 2008, effective January 1, 2009]