View - State of Iowa

Ch 2, p.56 CRIMINAL PROCEDURE August 2010
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]