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Ch 2, p.24 CRIMINAL PROCEDURE August 2010
tend to connect the defendant with the commission of the offense; and the corroboration is not
sufficient if it merely shows the commission of the offense or the circumstances thereof.
Corroboration of the testimony of victims shall not be required.
2.21(4) Confession of defendant. The confession of the defendant, unless made in open court,
will not warrant a conviction, unless accompanied with other proof that the defendant committed the
offense.
2.21(5) Disposition of exhibits. In all criminal cases other than class “A” felonies, the clerk may
dispose of all exhibits within 60 days after the first to occur of:
a. Expiration of all sentences imposed in the case.
b. Order of the court after at least 30 days written notice to all counsel of record including the last
counsel of record for the defense, and to the defendant, if incarcerated, granting the right to be heard
on the question.
Disposal of firearms and ammunition shall be by delivery to the Department of Public Safety
for disposition as provided by law. Disposal of controlled substances shall be by delivery to the
Department of Public Safety for disposal under Iowa Code section 124.506.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §61 to 63; 1983 Iowa Acts, ch 37, §7; 1985 Iowa Acts, ch 174,
§15; Court Order January 2, 1996, effective March 1, 1996; Report November 9, 2001, effective February
15, 2002]
Rule 2.22 Verdict.
2.22(1) Form of verdicts. The jury must render a verdict of “guilty,” which imports a conviction,
or “not guilty,” “not guilty by reason of insanity,” or “not guilty by reason of diminished
responsibility,” which imports acquittal, on the charge. The jury shall return a verdict determining
the degree of guilt in cases submitted to determine the grade of the offense.
2.22(2) Answers to interrogatories. It must also return with the general verdict answers to special
interrogatories submitted by the court upon its own motion, or at the request of the defendant in
prosecutions where the defense is an affirmative one, or it is claimed any witness is an accomplice,
or there has been a failure to corroborate where corroboration is required.
Where a defendant is alleged to be subject to the minimum sentence provisions of Iowa Code
section 902.7, (use of a dangerous weapon), and the allegation is supported by the evidence, the court
shall submit a special interrogatory concerning that matter to the jury.
2.22(3) Finding offense of different degree; included offenses. Upon trial of an offense consisting
of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment
or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense when
such attempt is prohibited by law. In all cases, the defendant may be found guilty of any offense the
commission of which is necessarily included in that with which the defendant is charged.
2.22(4) Several defendants. On an indictment or information against several defendants, if the
jury cannot agree upon a verdict as to all, it may render a verdict as to those in regard to whom it does
agree, on which a judgment shall be entered accordingly, and the case as to the rest may be tried by
another jury. Upon an indictment or information against several defendants, any one or more may be
convicted or acquitted.
2.22(5) Return of jury; reading and entry of verdict; unanimous verdict; sealed verdict. The jury,
agreeing on a verdict unanimously, shall bring the verdict into court, where it shall be read to them,
and inquiry made if it is their verdict. A party may then require a poll asking each juror if it is the
juror’s verdict. If any juror expresses disagreement on such poll or inquiry, the jury shall be sent out
for further deliberation; otherwise, the verdict is complete and the jury shall be discharged. When the
verdict is given and is such as the court may receive, the clerk shall enter it in full upon the record.
In any misdemeanor case in which the defendant is not in custody at the time of trial and the parties
agree, the court may permit the return of a sealed verdict. The sealing of the verdict is equivalent to
rendition in open court, and the jury shall not be polled or permitted to disagree with the verdict. A
sealed verdict and the answer to each interrogatory shall be signed by all jurors, sealed, and delivered
by the court attendant to the clerk of court, who shall enter it upon the record and disclose it to the
court as soon as practicable.
2.22(6) Verdict insufficient; reconsideration; informal verdict. If the jury renders a verdict which
is in none of the forms specified in this rule, or a verdict of guilty in which it appears to the court that
the jury was mistaken as to the law, the court may direct the jury to reconsider it, and it shall not be
recorded until it is rendered in some form from which the intent of the jury can be clearly understood.
If the jury persists in finding an informal verdict, from which, however, it can be understood that the