View - State of Iowa

Ch 1, p.52 CIVIL PROCEDURE December 2010
Rule 1.917 Juror incapacity; minimum number of jurors.
1.917(1) Juror incapacity. In the event any juror becomes unable to act, or is disqualified, before
the jury retires the remaining jurors shall continue to try the case.
1.917(2) Minimum of six jurors required. In the event more than two jurors become unable to act,
or are disqualified, before the jury retires and renders a verdict, the court shall declare a mistrial.
[Report 1943; amendment 1980; November 9, 2001, effective February 15, 2002]
Rule 1.918 Returning ballots to box. When a jury is sworn, the ballots containing the names of
those absent or excused from the trial shall be immediately returned to the box. Those containing the
names of jurors sworn shall be set aside, and returned to the box immediately on the discharge of that
jury.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.919 Procedure after jury sworn. After the jury is sworn, the trial shall proceed in the
following order:
1.919(1) The party having the burden of proof on the whole action may briefly state the party’s
claim, and by what evidence the party expects to prove it.
1.919(2) The other party may similarly state that party’s defense and evidence.
1.919(3) The first above party must then produce that party’s evidence; to be followed by that of
the adverse party.
1.919(4) The parties will be confined to rebutting evidence, unless the court in furtherance of
justice, permits them to offer evidence in their original case.
1.919(5) Only one counsel on each side shall examine the same witness, unless otherwise
permitted by the court.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.920 Further testimony for mistake. At any time before final submission, the court may
allow any party to offer further testimony to correct an evident oversight or mistake, imposing such
terms as it deems just.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.921 Adjournments. After trial begins, the court may, in furtherance of justice, adjourn it for
such time, and on such conditions as to costs or otherwise, as it deems just.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.922 View. When the court deems proper, it may order an officer to conduct the jury in a body
to view any real or personal property, or any place where a material fact occurred, and to show it to
them. No other person shall speak to them during their absence on any subject connected with the
trial.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.923 Arguments. The parties may either submit the case or argue it. The party with the
burden of the issue shall have the opening and closing arguments. In opening, the party shall disclose
all points the party relies on, and if the party’s closing argument refers to any new material point or
fact not so disclosed, the adverse party may reply thereto, which shall close the argument. A party
waiving opening argument is limited, in closing, to reply to the adverse argument; otherwise the
adverse party shall have the closing argument. The court may limit the time for argument to itself,
but not for arguments to the jury.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.924 Instructions. The court shall instruct the jury as to the law applicable to all material
issues in the case and such instructions shall be in writing, in consecutively numbered paragraphs,
and shall be read to the jury without comment or explanation; provided, however, that in any action
where the parties so agree, the instructions may be oral. At the close of the evidence, or such prior
time as the court may reasonably fix, any party may file written requests that the jury be instructed
as set forth in such requests. Before argument to the jury begins, the court shall furnish counsel with
a preliminary draft of instructions which it expects to give on all controversial issues, which shall
not be part of the record. Before jury arguments, the court shall give to each counsel a copy of its