View - State of Iowa

August 2010 CRIMINAL PROCEDURE Ch 2, p.23
called by the state. If the defendant is offered as a witness, the defendant may be cross-examined as
an ordinary witness, but the state shall be strictly confined therein to the matters testified to in the
examination in chief.
2.20(2) Compelling attendance of witnesses from without the state to proceedings in Iowa. The
presence and testimony of a witness located outside the state may be secured through the uniform Act
to secure witnesses from without the state set forth in Iowa Code chapter 819.
2.20(3) Immunity.
a. Before any witness shall be compelled to answer or to produce evidence in any judicial
proceeding after having asserted that such answer or evidence would tend to render the witness
criminally liable, incriminate the witness or violate the witness’s right to remain silent, the witness
must knowingly waive the witness’s right or:
(1) A county attorney or the attorney general must file with a district judge a verified application
setting forth that:
The testimony of the witness, or the production of documents or other evidence in the possession
of such witness, or both, is necessary and material; and
The witness has refused to testify, or to produce documents or other evidence, or both, upon the
ground that such testimony or evidence would tend to incriminate the witness; and
It is the considered judgment of the county attorney or attorney general that justice and the public
interest require the testimony, documents or evidence in question.
(2) The application, transcripts and orders required by this subrule shall be filed as a separate case
in the criminal docket entitled “In the matter of the testimony of (Name of witness)” and shall be
indexed in the criminal index under the name of the witness. Any testimony given in support of the
application for immunity shall be reported and a transcript of the testimony shall be filed with the
application.
(3) Upon consideration of such application the judge shall enter an order granting the witness
immunity to prosecution for any crime or public offense concerning which the witness was compelled
to give competent and relevant testimony or to produce competent and relevant evidence.
(4) Testimony, documents or evidence which has been given by a witness granted immunity shall
not be used against the witness in any trial or proceeding, or subject the witness to any penalty or
forfeiture; provided, that such immunity shall not apply to any prosecution or proceeding for a perjury
or a contempt of court committed in the course of or during the giving of such testimony.
b. A complete verbatim transcript of testimony given pursuant to an order of immunity shall be
made and filed with the application and the order of court. The application, order granting immunity
and all transcripts filed shall be sealed upon motion of the defendant, county attorney, or attorney
general and shall be opened only by order of the court. This section shall not bar the use of the
transcript as evidence in any proceeding except the transcript shall not be used in any proceeding
against the witness except for perjury or contempt.
c. Whoever shall refuse to testify or to produce evidence after having been granted immunity as
aforesaid shall be subject to punishment for contempt of court as in the case of any witness who
refuses to testify, a claim to privilege against self-incrimination notwithstanding.
2.20(4) Witnesses for indigents. Counsel for a defendant who because of indigency is financially
unable to obtain expert or other witnesses necessary to an adequate defense of the case may request
in a written application that the necessary witnesses be secured at public expense. Upon finding,
after appropriate inquiry, that the services are necessary and that the defendant is financially unable
to provide compensation, the court shall authorize counsel to obtain the witnesses on behalf of the
defendant. The court shall determine reasonable compensation and direct payment pursuant to Iowa
Code chapter 815.
[66GA, ch 1245(2), §1301; 67GA, ch 153, §58 to 60; 1983 Iowa Acts, ch 186, §10145; Report November 9,
2001, effective February 15, 2002]
Rule 2.21 Evidence.
2.21(1) Rules. The rules of evidence prescribed in civil procedure shall apply to criminal
proceedings as far as applicable and not inconsistent with the provisions of statutes and these rules.
2.21(2) Questions of law and fact. Upon jury trial of a criminal case, questions of law are to be
decided by the court, saving the right of the defendant and state to object; questions of fact are to be
tried by jury.
2.21(3) Corroboration of accomplice or person solicited. A conviction cannot be had upon the
testimony of an accomplice or a solicited person, unless corroborated by other evidence which shall