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August 2010 CRIMINAL PROCEDURE Ch 2, p.13
within the times provided for above, the parties shall provide each other with the addresses of such
witnesses. These notices shall not be made part of the record and shall not be filed with the court.
b. Insanity and diminished responsibility.
(1) Defense of insanity and diminished responsibility. If a defendant intends to rely upon the
defense of insanity or diminished responsibility at the time of the alleged crime, the defendant shall,
within the time provided for the filing of pretrial motions, file written notice of such intention. The
court may for good cause shown, allow late filing of the notice or grant additional time to the parties
to prepare for trial or make other order as appropriate.
When the defendant has asserted a defense of insanity the burden of proof is on the defendant to
prove insanity by a preponderance of the evidence as provided for in Iowa Code section 701.4.
(2) State’s right to expert examination. When a defendant has given notice of the use of the
defense of insanity or diminished responsibility and intends to call an expert witness or witnesses
on that issue at trial the defendant shall, within the time provided for the filing of pretrial motions,
file written notice of the name of each such witness. Upon such notice or as otherwise appropriate
the court may upon application order the examination of the defendant by a state-named expert or
experts whose names shall be disclosed to the defendant prior to examination.
c. Intoxication, entrapment, and self-defense. If defendant intends to rely upon the defense of
intoxication by drugs or alcohol, entrapment, or self-defense, the defendant shall, within the time for
filing pretrial motions, file written notice of such intention. The court may for good cause shown
allow late filing of the notice or grant additional time to the parties to prepare for trial or make such
other order as may be appropriate.
d. Failure to comply. If either party fails to abide by the time periods heretofore described, such
party may not offer evidence on the issue of alibi, insanity, diminished responsibility, intoxication,
entrapment, or self-defense without leave of court for good cause shown. In granting leave, the court
may impose terms and conditions including a delay or continuance of trial. The right of a defendant
to give evidence of alibi, insanity, diminished responsibility, intoxication, entrapment, or self-defense
in the defendant’s own testimony is not limited by this rule.
2.11(12) State’s duty to disclose witnesses.
a. Duty to disclose addresses of law enforcement, governmental, and licensed professional
witnesses. In the minutes of testimony, the state shall provide the defense with a written list of the
known employment addresses of the following persons who are expected to testify in their official
or professional capacity during the state’s case in chief: sworn peace officers; federal, state, local
and municipal employees and elected officials; and licensed professionals. If the state contends
disclosure of an address would result in substantial risk to any person of physical harm, intimidation,
bribery, economic reprisal, coercion, or undue invasion of privacy, the state may withhold disclosure
and shall inform the defense of the basis of such nondisclosure.
b. Duty to disclose addresses of other witnesses. In the minutes of testimony, the state shall
provide the defense with a written list of the known residential and employment addresses of the
other witnesses, who are expected to testify during the state’s case in chief. If the state contends
disclosure of an address would result in substantial risk to any person of physical harm, intimidation,
bribery, economic reprisal, coercion, or undue invasion of privacy, the state may withhold disclosure
and shall inform the defendant’s attorney of the basis of such nondisclosure.
c. Disclosure of address withheld by the state. If the state withholds disclosure of an address, or the
defendant requests the residential or alternative address of a witness, the defendant or the defendant’s
attorney may request in writing the disclosure of addresses for investigative purposes or to ensure
service of a subpoena. Within five days of receipt of the request, the state shall confer with the
defendant or the defendant’s attorney and provide such information to the defendant or the defendant’s
attorney or seek a protective order from the court. The court may deny, defer, or otherwise restrict
disclosure to the defendant or the defendant’s attorney if the state proves such disclosure would result
in substantial risk to any person of physical harm, intimidation, bribery, economic reprisal, coercion,
or undue invasion of privacy, which outweighs any usefulness of the disclosure to the defendant
or the defendant’s attorney. In establishing the usefulness of the disclosure to the defendant or the
defendant’s attorney, the defendant or the defendant’s attorney may provide the court with a written
statement to be reviewed by the court in camera. Any such written statement shall not be served on the
state, but shall be made a part of the file, placed under seal, and not subject to disclosure absent further
order of a court. If the court denies the defendant or the defendant’s attorney’s request, the court may
enter an order allowing the defendant or the defendant’s attorney an opportunity to meet with any