2.15(1)For witnesses. A party who requires a subpoena for witness testimony at a hearing, deposition, or trial in a pending criminal action must submit the subpoena to the clerk of court with the case caption and case number filled in and identify that the subpoena is for witness testimony. Upon receipt, the clerk of court shall issue the subpoena, signed by the clerk and with the court's seal, to the party.2.15(2)For production of documents. A subpoena may direct the witness to bring with the witness any documents, electronically stored information, or other things under the witness's control that the witness is bound by law to produce as evidence. The court on motion may dismiss or modify the subpoena if compliance would be unreasonable or oppressive.2.15(3)Special circumstances.a. Defense subpoenas.(1) After an indictment or trial information is filed, the defendant may apply to the court, with notice to the State, to issue a subpoena for the purposes of investigation. The application must include a list of all other reasonable efforts made by the defendant to obtain the material sought and must establish in detail and in good faith all of the following:1. The material sought contains exculpatory information.2. The material sought does not include private information concerning a crime victim in the case.3. The material sought is not otherwise protected from disclosure by a separate rule of criminal procedure, rule of evidence, or federal or state statute.4. The information is not available from any other source.(2) If the court concludes that the defendant's application does not meet the requirements of rule 2.15(3) (a)(1), the court shall return or reject the defendant's application and deny any hearing.(3) If the court concludes that the defendant's application has made the showing required by rule 2.15(3) (a)(1) by a preponderance of the evidence, it shall order the defendant to notify any person or entity affected by the defendant's application. Any objections, motions to quash or modify the subpoena, or motions for protective orders by the State or nonparties must be filed with the court within 14 days of receiving the notice from the defendant and must include the basis for the objection or motion and may include a request for a hearing.(4) The court may limit the scope of any subpoena issued under rule 2.15(3) and enter any protective order as necessary in the interests of justice, including a requirement of in camera review of the materials obtained before disclosure to the parties.(5) The defendant is responsible for service of any subpoenas permitted by the court under rule 2.15(3) and service must be made pursuant to rule 2.15(4). The defendant is responsible for any costs associated with the production of the requested materials.(6) The defendant must produce any materials obtained by a subpoena issued under rule 2.15(3) to the State and any codefendants within 7 days of receipt of the materials or at least 10 days prior to trial, whichever is earlier.(7) Rule 2.15(3) (a) is the exclusive procedure by which a criminal defendant may subpoena documents or other evidence before trial, except that a request for documents may be included with a rule 2.15(1) trial subpoena or a rule 2.15(2) deposition notice. Failure to comply with this rule may result in sanctions from the court, such as contempt or a finding that the evidence obtained is inadmissible at trial.b. Preservation order. The defendant may seek a preservation order to avoid the risk of loss of evidence or other reason justifying relief by filing an emergency application with the court along with any supporting affidavits and a proposed order. Notice shall be given to the State when making this application. If the court finds good cause has been shown by the application and any supporting affidavits, the court shall immediately issue a preservation order to be served on the appropriate person or entity.2.15(4)Service. Any person who is at least 18 years old and not a party to the case may serve a subpoena. a. A peace officer must serve without delay in the peace officer's county or city any subpoena delivered to the peace officer for service and make a written return stating the time, place, and manner of service.b. When service is made by a person other than a peace officer, proof thereof shall be made by affidavit, which shall be filed in the court and shall include the time, place, and manner of service and the name of the person served.c. Service upon an adult witness is made by personally delivering a copy of the subpoena to the witness.d. Service may be by electronic mail or other electronic means with the consent of the person or entity being served. Proof of service shall be filed with the court.e. Service upon a minor witness shall be as provided for personal service of an original notice in a civil case pursuant to Iowa Rule of Civil Procedure 1.305(2).f. Any subpoena must comply with Iowa Code section 622.10, if applicable.2.15(5)Sanctions for refusing to appear or testify. Disobedience to a subpoena, or refusal to be sworn or to answer as a witness, may be punished by the court as contempt. The attendance of a witness who fails to appear may be compelled by warrant.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 42; Report April 20, 1992, effective 7/1/1992;11/9/2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 22, 2023, effective 10/23/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.15(4). Investigators, paralegals, and attorneys may serve subpoenas unless they are a party to the case.