2.14(2) Disclosure of evidence by the state upon defense motion or request.
a. Disclosure required upon request.
(1) Upon a filed pretrial request by the defendant the attorney for the state shall permit the
defendant to inspect and copy or photograph: Any relevant written or recorded statements made by
the defendant or copies thereof, within the possession, custody or control of the state, unless same
shall have been included with the minutes of evidence accompanying the indictment or information;
the substance of any oral statement made by the defendant which the state intends to offer in evidence
at the trial, including any voice recording of same; and the transcript or record of testimony of the
defendant before a grand jury, whether or not the state intends to offer same in evidence upon trial ...
2.14(5) Continuing duty to disclose. If, subsequent to compliance with an order issued pursuant
to this rule, either party discovers additional evidence, or decides to use evidence which is additional
to that originally intended for use, and such additional evidence is subject to discovery under this
rule, the party shall promptly file written notice of the existence of the additional evidence to allow
the other party to make an appropriate motion for additional discovery ...
2.14(6) Regulation of discovery ...
c. Failure to comply. If at any time during the course of the proceedings it is brought to the attention
of the court that a party has failed to comply with this rule or with an order issued pursuant to this
rule, the court may upon timely application order such party to permit the discovery or inspection,
grant a continuance, or prohibit the party from introducing any evidence not disclosed, or it may enter
such other order as it deems just under the circumstances ...
Rule 2.19 Trial.
2.19(1) Order of trial and arguments
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 ofstate’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(8) Motion for judgment of acquittal.
a. Motion before submission to jury. The court on motion of a defendant or on its own motion shall
order the entry of judgment of acquittal of one or more offenses charged in the indictment after the
evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense
or offenses. If a defendant’s motion for judgment of acquittal at the close of the evidence offered by
the prosecuting attorney is not granted, the defendant may offer evidence without having waived the
right to rely on such motion ...
https://www.legis.iowa.gov/docs/ACO/CourtRulesChapter/2.pdf
= new reply since forum marked as read
