Iowa R. Crim. P. 2.17

As amended through September 9, 2024

Rule 2.17 - Trial by jury or court

2.17(1)Trial by jury. Cases required to be tried by jury shall be so tried unless the defendant voluntarily and intelligently waives a jury trial in open court and on the record. Any waiver of a jury trial must occur at least 10 days prior to trial unless the prosecuting attorney consents. The defendant may not withdraw waiver of a jury trial without court approval.

2.17(2)Trial on the minutes.

a. Generally. In a case where the parties agree to a trial on the minutes of testimony, the court shall render a verdict without a jury based on the previously filed minutes and any other material that the parties have agreed should be included in the trial record.

b. Jury waiver required. Before commencing a trial on the minutes, the court shall personally address the defendant and ensure the defendant has duly waived the right to a jury trial in open court and on the record.

c. Additional colloquy required. The court shall further address the defendant personally and in open court and inform the defendant of the following:

(1) That the determination of guilt or innocence will be based only upon the minutes of testimony filed by the State and any other materials the parties have agreed to be included.

(2) That the defendant will not have the right to call any witnesses on the defendant's behalf including the defendant.

(3) That the defendant is giving up the right to cross-examine the State's witnesses and to object to any evidence set forth in the minutes or any other materials the parties have agreed to be included.

d. Excluding information from a trial on the minutes. The parties may also agree to exclude portions of the minutes from consideration at trial, in which case the colloquy in rule 2.17(2) (c) will be adjusted accordingly.

2.17(3)Findings. In a case tried without a jury, the court shall find the facts specially, separately state its conclusions of law, and render an appropriate verdict in open court and on the record. The defendant may waive in advance the right to receive the verdict in open court.

Iowa. R. Crim. P. 2.17

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 44; 69GA, ch 206, § 16; amendment 1983; 1986 Iowa Acts, ch 1106, § 1; Report November 9, 2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.