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August 2010 CRIMINAL PROCEDURE Ch 2, p.17
c. Failure to comply. If at any time during the course of the proceedings it is brought to the attention
of the court that a party has failed to comply with this rule or with an order issued pursuant to this
rule, the court may upon timely application order such party to permit the discovery or inspection,
grant a continuance, or prohibit the party from introducing any evidence not disclosed, or it may enter
such other order as it deems just under the circumstances.
d. Secrecy of grand jury. Except where specific provisions require otherwise, grand jury
proceedings remain confidential. However, any member of the grand jury and the clerk thereof, and
any officer of the court, may be required by the court or any legislative committee duly authorized
to inquire into the conduct or acts of any state officer which might be the basis for impeachment
proceedings, to disclose the testimony of a witness examined before the grand jury for the purpose
of ascertaining whether it is consistent with that given by the witness before the court or legislative
committee, or to disclose the same upon a charge of perjury against the witness, or when in the
opinion of the court or legislative committee such disclosure is necessary in the administration of
justice.
No grand juror shall be questioned for anything the juror may say or any vote the juror may give
in the grand jury relative to a matter legally pending before it, except for perjury of which the juror
may have been guilty in making an accusation, or in giving testimony to any fellow jurors.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §39, 40, 41; amendment 1981; Report November 9, 2001, effective
February 15, 2002]
Rule 2.15 Subpoenas.
2.15(1) For witnesses. A magistrate in a criminal action before the magistrate, and the clerk of
court in any criminal action pending therein, shall issue blank subpoenas for witnesses, signed by the
magistrate or clerk, with the seal of the court if by the clerk, and deliver as many of them as requested
to the defendant or the defendant’s attorney or the attorney for the state.
2.15(2) For production of documents—duces tecum. A subpoena may contain a clause directing
the witness to bring with the witness any book, writing, or other thing under the witness’s control
which the witness is bound by law to produce as evidence. The court on motion may dismiss or
modify the subpoena if compliance would be unreasonable or oppressive.
2.15(3) Service. A subpoena may be served in any part of the state. It may be served by any
adult person. A peace officer making service in a criminal case must serve without delay in the peace
officer’s county or city any subpoena delivered to the peace officer for service and make a written
return stating the time, place, and manner of service. When service is made by a person other than a
peace officer, proof thereof shall be by affidavit. Service upon an adult witness is made by showing
the original to the witness and delivering a copy to the witness. Service upon a minor witness shall
be as provided for personal service of an original notice in a civil case pursuant to Iowa R. Civ. P.
1.305(2).
2.15(4) Depositions. An order to take a deposition authorizes the clerk of the court for the county
in which the deposition is to be taken to issue subpoenas for the persons named or described therein.
2.15(5) Sanctions for refusing to appear or testify. Disobedience to a subpoena, or refusal to be
sworn or to answer as a witness, may be punished by the court or magistrate as a contempt. The
attendance of a witness who so fails to appear may be coerced by warrant.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §42; Report April 20, 1992, effective July 1, 1992; November 9,
2001, effective February 15, 2002]
Rule 2.16 Pretrial conference.
2.16(1) When held. Where a plea of not guilty to an indictment or trial information is entered on
behalf of the defendant, the court may order all parties to the action to appear before it for a conference
to consider such matters as will promote a fair and expeditious trial.
2.16(2) Discussions and record. The conference may explore such matters as amendment of
pleadings, agreement to the introduction into evidence of photographs or other exhibits to which
there is no objection, submission of requested jury instructions, and any other matters appropriate
for discussion which may aid and expedite trial of the case.
2.16(3) Stipulations and orders. The court shall make an order reciting any action taken at the
conference which will control the subsequent course of the action relative to matters it includes, unless
modified to prevent manifest injustice. A stipulation entered into at such conference shall bind the