View - State of Iowa

Ch 2, p.20 CRIMINAL PROCEDURE August 2010
the court shall require two alternate jurors to be selected, who shall be sworn with the regular jury to
try the case, and who shall sit at the trial. These alternates shall be used or discharged in accordance
with this rule. The court may require more than two alternates to be selected.
2.18(16) 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.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §45 to 49; Report 1978, effective July 1, 1979; amendment 1980;
amendment 1982; 82 Acts, ch 1021, §4, effective July 1, 1983; amendment 1983; 1986 Iowa Acts, ch 1108,
§56; November 9, 2001, effective February 15, 2002]
Rule 2.19 Trial.
2.19(1) Order of trial and arguments.
a. Order of trial. The jury having been impaneled and sworn, the trial must proceed in the
following order:
(1) Reading indictment and plea. The clerk or prosecuting attorney must read the accusation from
the indictment or the supplemental indictment, as appropriate, and state the defendant’s plea to the
jury.
(2) Statement of state’s evidence. The prosecuting attorney may briefly state the evidence by which
the prosecuting attorney expects to sustain the indictment.
(3) Statement of defendant’s evidence. The attorney for the defendant may then briefly state the
defense, or the attorney for the defendant may waive the making of such statement; the attorney for
the defendant may reserve the right to make such statement to a time immediately prior to presentation
of defendant’s evidence.
(4) Offer of state’s evidence. The state may then offer the evidence in support of the indictment.
(5) Offer of defendant’s evidence. The defendant or the defendant’s counsel may then offer
evidence in support of the defense.
(6) Rebutting or additional evidence. The parties may then, respectively, offer rebutting evidence
only, unless the court, for good reasons, in furtherance of justice, permits them to offer evidence upon
their original case.
b. Order of argument. After the closing of evidence the prosecution shall open the argument.
The defense shall be permitted to reply. The prosecution shall then be permitted to reply in rebuttal.
Length of argument and the number of counsel arguing shall be as limited by the court. When two or
more defendants are on trial for the same offense, they may be heard by one counsel each.
2.19(2) Advance notice of evidence supporting indictments or informations. The prosecuting
attorney, in offering trial evidence in support of an indictment, shall not be permitted to introduce
any witness the minutes of whose testimony was not presented with the indictment to the court;
in the case of informations, a witness may testify in support thereof if the witness’s identity and a
minute of the witness’s evidence has been given pursuant to these rules. However, these provisions
are subject to the following exception: Additional witnesses in support of the indictment or trial
information may be presented by the prosecuting attorney if the prosecuting attorney has given
the defendant’s attorney of record, or the defendant if the defendant has no attorney, a minute of
such witness’s evidence, as defined in rule 2.4(6)(a) or rule 2.5(3), at least ten days before the
commencement of the trial.
2.19(3) Failure to give notice. If the prosecuting attorney does not give notice to the defendant of
all prosecution witnesses (except rebuttal witnesses) at least ten days before trial, the court may order
the state to permit the discovery of such witnesses, grant a continuance, or enter such other order as it
deems just under the circumstances. It may, if it finds that no less severe remedy is adequate to protect
the defendant from undue prejudice, order the exclusion of the testimony of any such witnesses.
2.19(4) Reporting of trial. Unless otherwise provided in these rules, all the provisions relating to
mode and manner of the trial of civil actions, report thereof, translation of the shorthand reporter’s
notes, the making of such reports and translation of the record, and in all other respects, apply to the
trial of criminal actions. Opening statements and closing arguments shall be reported. The reporting
of opening statements and closing arguments shall not be waived as provided in Iowa R. Civ. P.
1.903(2). [Transcript fee, see Iowa Code section 602.3202]
2.19(5) The jury upon trial.
a. View.
(1) When taken. Upon motion made, when the court is of the opinion that it is proper, the jury may
view the place where the offense is charged to have been committed, or where any other material fact