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Ch 2, p.58 CRIMINAL PROCEDURE August 2010
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]
Rule 2.74 New trial. The magistrate, on motion of a defendant, may grant a new trial pursuant to
the grounds set forth in rule 2.24, except that a motion for a new trial based on newly discovered
evidence must be made within six months after the final judgment. A motion for a new trial based
on any other grounds shall be made within seven days after a finding of guilty or within such further
time as the court may fix during the seven-day period.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §89; Report November 9, 2001, effective February 15, 2002]
Rule 2.75 Correction or reduction of sentence. The magistrate may correct an illegal sentence at
any time and may correct a sentence imposed in an illegal manner within the time provided herein for
the reduction of sentence. The magistrate may reduce a sentence within ten days after the sentence
is imposed or within ten days after the receipt by the magistrate of a mandate issued upon affirmance
of the judgment or dismissal of the appeal, or within ten days after entry of any order or judgment of
the appellate court denying review of, or having the effect of upholding, a judgment of conviction.
The court may also reduce a sentence upon revocation of probation as provided by law.
[66GA, ch 1245(2), §1302; 67GA, ch 153, §90; Report November 9, 2001, effective February 15, 2002]