Trial

Rules Of Criminal Procedure

Rule: 2.64

Jurisdiction: IA

Bluebook Citation: Iowa R. Crim. P. 2.64

2.64(1) Upon a plea other than guilty, the magistrate shall set a trial date, which shall be at least 15 days after the plea is entered. 2.64(2) The magistrate shall advise the defendant of the following: a. The trial will be without a jury unless the defendant makes a demand for jury trial within 10 days following the plea of not guilty. b. Failure to make a jury demand in the manner prescribed herein constitutes a waiver of jury trial. c. If a demand for jury trial is made, the action shall be tried by a jury of six persons. d. If the defendant so requests, the magistrate may set a trial date for a nonjury trial less than 15 days after a plea other than guilty is entered; however, the magistrate shall notify the defendant that such a request constitutes a waiver of jury trial. 2.64(3) Upon request, evidence to be offered as an exhibit at trial by any party, other than evidence which will be offered for purposes of rebuttal or impeachment, shall be provided to all parties at least 7 days prior to trial. Parties shall be limited to these exhibits except for good cause shown. [66GA, ch 1245(2), §1302; Report December 28, 1989, effective April 2, 1990; November 9, 2001, effective February 15, 2002; Court Order October 14, 2022, effective July 1, 2023]

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