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August 2010 CRIMINAL PROCEDURE Ch 2, p.55
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.