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Ch 8, p.ii JUVENILE PROCEDURE August 2009 Form 3: Application for Appointment of Counsel and Financial Statement (Juvenile Proceedings) Form 4: Order on Application for Appointment of Counsel and Financial Statement (Juvenile Proceedings) Rule 8.34 Juvenile Procedure Forms — Judicial Waiver of Parental Notification Form 1: Petition for Waiver of Parental Notification of Minor’s Abortion Form 2: Declaration of Minor who has Filed Pseudonymous Petition to Waive Parental Notification Form 3: Order Appointing Counsel for a Minor Form 4: Order Appointing a Guardian Ad Litem for a Minor Form 5: Advisory Notice to Minor Form 6: Order Setting Hearing on Petition for Waiver of Parental Notification of Minor’s Abortion Form 7: Findings of Fact, Conclusions of Law and Order Form 8: Certification that Waiver of Parental Notification is Deemed Authorized Form 9: Notice of Appeal Rule 8.35 Emancipation orders EMANCIPATION OF MINORS
August 2009 JUVENILE PROCEDURE Ch 8, p.1 CHAPTER 8 RULES OF JUVENILE PROCEDURE DISCOVERY AND NOTICE OF DEFENSES Rule 8.1 Scope of discovery. In order to provide adequate information for informed decision making and to expedite trials, minimize surprise, afford opportunity for effective cross-examination and meet the requirements of due process, discovery prior to trial and other judicial hearings should be as full and free as possible consistent with protection of persons and effectuation of the goals of the juvenile justice system. [Report February 21, 1985, effective July 1, 1985; November 9, 2001, effective February 15, 2002] Rule 8.2 Delinquency proceedings. 8.2(1) Access to records. Upon the request of counsel for a juvenile who has been referred for intake screening on a delinquency complaint, the state shall give the juvenile’s counsel access to all documents, reports and records within or which come within its possession or control that concern the juvenile or the alleged offense. 8.2(2) Informal discovery sufficient. Although informal discovery methods are preferred, upon good cause shown, depositions and interrogatories by any party may be permitted by the court in delinquency proceedings except where they conflict with these rules or with statutes. Ordinarily, however, depositions and interrogatories shall not be permitted for issues arising under Iowa Code section 232.45(6)(b) after filing of a motion to waive jurisdiction. 8.2(3) Affirmative defenses. If a juvenile alleged to have committed a delinquent act intends to rely upon the affirmative defenses of insanity, diminished responsibility, intoxication, entrapment, or self-defense [justification], the juvenile shall file written notice of the intention not later than the time set by the court for said filing and in any event not less than ten calendar days prior to the adjudicatory hearing, except for good cause shown. 8.2(4) State’s right to expert examination. Where a juvenile 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 juvenile shall, within the time provided for the filing of pretrial motions, file written notice of the name of such witness. Upon such notice or as otherwise appropriate the court may upon application order the examination of the juvenile by a state-named expert or experts whose names shall be disclosed to the juvenile prior to examination. 8.2(5) Notice of alibi. If a juvenile alleged to have committed a delinquent act intends to offer an alibi defense, the juvenile shall file written notice of such intention not later than the time set by the court for the filing of pretrial motions or at such later time as the court directs. The notice of alibi defense shall state the specific place or places the juvenile claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the juvenile intends to rely to establish such alibi. In the event that a juvenile shall file such notice the prosecuting attorney shall file written notice of the names and addresses of the witnesses the state proposes to offer in rebuttal to discredit the alibi. Such notice shall be filed within ten days after the filing of the juvenile’s witness list, or within such other time as the court may direct. 8.2(6) Failure to comply. If either party fails to abide with the notice requirements of rule 8.2(3), 8.2(4), or 8.2(5), 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 juvenile to give evidence of alibi, insanity, diminished responsibility, intoxication, entrapment, or self-defense in his or her own testimony is not limited by this rule. 8.2(7) Multiple offenses. Two or more delinquent acts which arise from the same transaction or occurrence or from two or more transactions or occurrences constituting parts of a common scheme or plan, when alleged and prosecuted contemporaneously, shall be alleged and prosecuted as separate counts in a single delinquency petition unless, for good cause shown, the juvenile court in its discretion determines otherwise. 8.2(8) Separate petition(s). In cases not subject to rule 8.2(7), a separate delinquency petition shall be filed for each delinquent act. [Report February 21, 1985, effective July 1, 1985; April 7, 2000, effective July 1, 2000; November 9, 2001, effective February 15, 2002; February 22, 2002, effective May 1, 2002]
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