Rule 2.11 - Pleadings and motions2.11(1)Pleadings and motions. Pleadings in criminal proceedings shall be the indictment and the pleas entered pursuant to rule 2.8(2). Defenses and objections raised before trial shall be raised by motion.2.11(2)Motions. An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought.2.11(3)Service and filing of motions, orders, and papers. Service and filing of written motions, notices, orders, and other similar papers shall be in the manner provided by the Chapter 16 Iowa Rules of Electronic Procedure.2.11(4)Pretrial motions. Any defense, objection, or request that is capable of determination before trial may be raised prior to trial by motion. The following must be raised prior to trial:a. Defenses and objections based on defects in the institution of the prosecution.b. Defenses and objections based on defects in the indictment other than lack of jurisdiction in the court or failure to charge an offense.c. Motions to suppress illegally obtained evidence pursuant to rule 2.12.d. Requests for discovery.e. Requests for a severance of charges or defendants.f. Motions for change of venue.h. Motions for separate interpreters.i. Objections to enhancements based on prior convictions other than that the defendant was not the person convicted, or that the defendant was not represented and did not waive counsel.j. Motions for bill of particulars.2.11(5)Effect of failure to raise defenses or objections. Failure of the defendant to timely raise defenses or objections or to make requests that must be made prior to trial under this rule shall constitute waiver thereof, but the court, for good cause shown, may grant relief from such waiver.2.11(6)Time of filing. Pretrial motions, except motions for bill of particulars and motions in limine, shall be filed when the grounds therefor reasonably appear but no later than 40 days after arraignment. Motions in limine shall be filed when grounds therefor reasonably appear but no later than 9 days before the trial date. On request of a party, the court may establish different deadlines for filing motions.2.11(7)Bill of particulars. When an indictment or information charges an offense, but fails to specify the particulars of the offense sufficiently to fairly enable the defendant to prepare a defense, the court may, on written motion of the defendant, require the prosecuting attorney to furnish the defendant with a bill of particulars containing such particulars as may be necessary for the preparation of the defense. A motion for a bill of particulars may be made any time prior to or within 10 days after arraignment unless the time is extended by the court for good cause shown. A plea of not guilty does not waive the right to move for a bill of particulars if such motion is timely filed pursuant to this rule. The prosecuting attorney may furnish a bill of particulars on the prosecuting attorney's own motion, or the court may order a bill of particulars without motion. Supplemental bills of particulars may likewise be ordered by the court or voluntarily furnished, or a new bill may be substituted for a bill already furnished. At the trial, the State's evidence shall be confined to the particulars of the bill or bills.2.11(8)Dismissing indictment or information.a. In general. A motion to dismiss the indictment or information may be made on the ground that the matters stated do not constitute the offense charged, that a prosecution for that offense is barred by the statute of limitations, or that the prosecution is barred by some other legal ground. If the court concludes that the motion is meritorious, it shall dismiss the indictment or information unless the prosecuting attorney furnishes an amendment that cures the defect.b. Indictment. A motion to dismiss the indictment may also be made on one or more of the following grounds: (1) When the indictment has not been presented and marked "filed" as prescribed.(2) When any person other than the grand jurors was present before the grand jury when the question was taken upon the finding of the indictment.(3) When any person other than the grand jurors was present before the grand jury during the investigation of the charge, except as required or permitted by law.(4) When the grand jury was not selected, impaneled, or sworn as prescribed by law.c. Information. A motion to dismiss the information may also be made on one or more of the following grounds:(1) When the minutes of testimony have not been filed with the information.(2) When the information has not been filed in the manner required by law.(3) When the information has not been approved as required under rule 2.5(4).2.11(9)Effect of determination. If the court grants a motion based on a defect in the institution of the prosecution or in the indictment, it may also order that a defendant continue to be held in custody or that the defendant's bail be continued for a specified period pending the filing of anew indictment, or the amendment of any such pleading if the defect is subject to correction by amendment. The new information or indictment must be filed within 20 days of the dismissal of the original indictment. The 90-day period under rule 2.33(2) (b) for bringing a defendant to trial shall commence anew with the filing of the new indictment.2.11(10)Ruling on motion. A pretrial motion shall be determined without unreasonable delay. Where factual issues are involved in determining a motion, the court shall state its essential findings on the record.2.11(11)Motion for change of venue. If a motion for change of venue is filed and the court finds there is a substantial likelihood a fair and impartial trial cannot be preserved with a jury selected from the county where trial is to be held, the court shall order that the action be transferred to another county in which that condition does not exist.a. When a motion for change of venue is granted, the prosecution shall continue in the county where the action is transferred. If the defendant is in custody, the court may order the defendant to be delivered to the sheriff of the receiving county.b. All expenses attendant upon the change of venue and trial, including the costs of keeping the defendant, may be recovered by the receiving county from the transferring county. The prosecuting attorney in the transferring county is responsible for prosecution in the receiving county.2.11(12)Defense notices.a. Alibi. A defendant who intends to offer evidence of an alibi defense shall file written notice of such intention within the time provided for pretrial motions. (1) The notice shall specify the place or places at which the defendant claims to have been at the time of the alleged offense and the names of the witnesses whom the defendant intends to rely on to establish such alibi.(2) In response, the prosecuting attorney shall, within 10 days of the defendant's notice or within such other time as the court may direct, file written notice of the names of the witnesses the State proposes to offer in rebuttal to the defendant's alibi.(3) The notice of alibi and any rebuttal notice shall include witness addresses that conform to rules 2.11(13) and 2.13(2).b. Insanity or diminished responsibility.(1)Notice of defense. If a defendant intends to rely upon either the defense of insanity or the defense of diminished responsibility, the defendant shall file written notice of such intention within the time provided for filing pretrial motions. The court may for good cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as appropriate.(2)State's right to expert examination. When a defendant intends to rely on an expert witness or witnesses for the defense of insanity or diminished responsibility, the defendant shall, within the time provided for filing pretrial motions, file written notice of the name of each such witness. Upon the prosecuting attorney's application in response, if a defendant's expert has examined the defendant, the court may order the examination of the defendant by a State-named expert or experts whose names shall be disclosed to the defendant prior to examination.c. Examination of the defendant for purposes of other defenses. If a defendant's expert has examined the defendant for a reason other than insanity or diminished capacity and is expected to testify, the defendant shall, within the time for filing pretrial motions, file written notice of the name of the expert and the reason for examination. Upon the prosecuting attorney's application in response, the court may order the examination of the defendant by a State-named expert for the same purpose. The name of the State's expert shall be disclosed to the defendant prior to examination.d. Affirmative defenses. If a defendant intends to rely upon an affirmative defense of intoxication, entrapment, justification, necessity, duress, mistake, or prescription drugs, the defendant shall, within the time for filing pretrial motions, file written notice of intention as to each such defense.e. Failure to comply. If a party fails to abide by the deadlines in this rule, such party may not offer evidence on the issue 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 defendant to give evidence of alibi, insanity, diminished responsibility, or any affirmative defense in the defendant's own testimony is not limited by this rule. Additionally, this rule does not limit the scope of cross-examination or the defendant's entitlement to an instruction on a defense if supported by the evidence admitted at trial.2.11(13)State's duty to disclose witnesses.a. Duty to disclose addresses of law enforcement, governmental, and licensed professional witnesses. In the minutes of testimony, the State shall provide the defense with a written list of the known employment addresses of the following persons who are expected to testify in their official or professional capacity during the State's case-in-chief: sworn peace officers; federal, state, local, and municipal employees and elected officials; and licensed professionals.b. Duty to disclose addresses of other witnesses. In the minutes of testimony, the State shall provide the defense with a written list of the known residential and employment addresses of the other witnesses who are expected to testify during the State's case-in-chief.c. Grounds for withholding an address. If the State contends disclosure of any address would result in substantial risk to any person of physical harm, intimidation, bribery, economic reprisal, coercion, or undue invasion of privacy, the State may withhold disclosure and shall inform the defendant's attorney of the basis of the nondisclosure.d. Disclosure of an address withheld by the State. If the State withholds disclosure of an address, the defendant's attorney may request in writing the disclosure of residential or alternative addresses for investigative purposes or to ensure service of a subpoena.(1) Within 5 days of receipt of the request, the State shall confer with the defendant's attorney and provide the requested information to the defendant's attorney or seek a protective order from the court. The court may deny, defer, or otherwise restrict disclosure to the defendant's attorney if the State proves the disclosure would result in substantial risk to any person of physical harm, intimidation, bribery, economic reprisal, coercion, or undue invasion of privacy that outweighs any usefulness of the disclosure to the defendant's attorney.(2) In establishing the usefulness of the disclosure to the defendant's attorney, the defendant's attorney may provide the court with a written statement to be reviewed by the court in camera. The written statement shall not be served on the State but shall be made a part of the file, placed under seal, and not subject to disclosure absent further order of the court.(3) If the court denies the defendant's attorney's request, the court may enter an order allowing the defendant's attorney an opportunity to meet with any witness who is willing to talk to the defendant in an environment that provides for the protection of the witness. The court shall also enter an order facilitating the defendant's attorney's ability to serve a subpoena on the witness for deposition or trial.e. Further disclosure of addresses by the defendant's attorney. Any address disclosed by the State in the minutes of testimony may be disclosed by the defendant's attorney to the defendant, persons employed by the attorney, persons appointed by the court to assist in the preparation of a defendant's case, or any other person if the disclosure is required for preparation of the defendant's case. An attorney shall inform persons provided this information that further dissemination of the information, except as provided by court order, is prohibited. A willful violation of this rule by the defendant, an attorney, persons employed by an attorney, persons appointed by the court, or other persons authorized by the court to receive the address is subject to punishment by contempt.f. Continuing duty to update. The State has a continuing duty to inform the opposing party of any change in the last-known residential address or employment address of any witness that the State intends to call during its case-in-chief as soon as practicable after the State obtains that information.g. Interference with witnesses. The defendant, attorneys representing the defendant or the State, and their representatives and agents shall not instruct or advise persons, except the defendant, having relevant information that they should refrain from discussing the case with the opposing party's attorney or an unrepresented defendant or from showing the opposing party's attorney or an unrepresented defendant any relevant evidence. The defendant, attorneys representing the defendant or the State, and their representatives and agents shall not otherwise impede investigation of the case by the opposing party's attorney or an unrepresented defendant. See Iowa R. Prof'l Conduct 32:3.4(a), (f).h. Service of subpoenas. The most recent address provided by the State for a witness shall be the authorized address where the witness can be served, except when the defendant's attorney has reason to believe that the address is not accurate for that witness at the time of service or the person in fact no longer works or resides at that address.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 25 to 36; amendment 1980; amendment 1981; 82 Acts, ch 1021, § 1 to 3, effective 7/1/1983; amendment 1983; amendment 1984; 1984 Iowa Acts, ch 1320, § 2; Report1/31/1989, effective 5/1/1989; Report9/22/1999;2/8/2000;11/9/2001, effective 2/15/2002;12/22/2003, effective 11/1/2004;4/2/2009, effective 6/1/2009;10/28/2009, effective 12/28/2009; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.11(4). Former rule 2.11(9) authorized a "motion for change of judge" to be "verified on information and belief by the movant." References to the motion of change of judge have been deleted from revised rule 2.11 because they have been superseded by other sources of law relating to recusal and disqualification. See, e.g., Iowa Ct. R. 51:2.11. While a litigant should certainly move for disqualification of a judge when a legal ground for doing so arises, that is not the only way for disqualification to occur.
COMMENT:
Rule 2.11(12)(c). Rule 2.11(12)(c) is intended to codify the principle set forth in State v. Rodriguez, 807 N.W.2d 35, 38-39 (Iowa 2011), including the safeguards described therein.