2.19(1)Order of trial and arguments. After the jury has been impaneled and sworn, the trial shall proceed in the following order:a. The prosecuting attorney must read the accusation from the indictment and state the defendant's plea to the jury. The level of offense shall not be read.b. The prosecuting attorney may summarize the evidence expected to sustain the indictment.c. The defendant's attorney may summarize the expected evidence, waive the making of such statement, or reserve the right to make such statement immediately prior to the presentation of the defendant's evidence.d. The prosecuting attorney shall offer evidence in support of the indictment.e. The defendant's attorney may offer evidence in support of the defense.f. Either party may offer rebutting evidence.g. After the completion of evidence, the prosecuting attorney may offer a closing argument, the defendant's attorney may offer a closing argument, and the prosecution may offer a rebuttal.2.19(2)Advance notice of evidence supporting indictment.a. The prosecuting attorney shall not be permitted to introduce any witness whose minutes of testimony were not filed at least 10 days before the commencement of trial, except rebuttal witnesses.b. If the prosecuting attorney does not provide the requisite notice, the court may order the State to permit the discovery of such witness, grant a continuance, or enter such other order as it deems just under the circumstances. If the court finds that no less severe remedy is adequate to protect the defendant from undue prejudice, the court may order the exclusion of the testimony of any such witness.2.19(3)Reporting of trial. Reporting of the trial shall be governed by Iowa Rule of Civil Procedure 1.903. However, reporting may not be waived except for voir dire in misdemeanor cases.2.19(4)The jury during trial.a. Motion for a view. Upon motion of either party, the court may allow the jury to view a location material to the case. The jury shall be accompanied by a person designated by the court and transported by proper officers. Any person accompanying the jury shall be sworn to protect the integrity of the proceedings and shall not allow communications to occur on any subject connected with the trial.b. Juror may not be witness. A juror may not testify as a witness in the trial of the case in which the juror is sitting.c. Sequestration of jurors. For good cause shown, the court may sequester the jury during trial in a manner prescribed by the court.d. Admonition to jurors.(1) After the jury is impaneled, the court shall admonish the jurors: 1. Not to speak or communicate with any person and not to permit any person to speak to or communicate with them regarding any subject related to the case. This prohibition includes all forms of communication, including social media.2. To report immediately to the court any attempt by anyone to communicate with them in any way concerning the case.3. Not to converse among themselves or form or express an opinion on any aspect of the case until the case is finally submitted.4. Not to visit any place involved in the case, including the scene of the alleged offense.5. Not to view, read, or listen to any accounts of the case or trial, whether on traditional media or social media.6. Not to do any searches, research, experiments, or tests relating to anything connected with the case or trial. This includes internet research and accessing social media.(2) At adjournments, the court shall restate or remind the jury of the admonition.e. Notes taken by jurors during trial. Notes may be taken by jurors during the testimony of witnesses. At the completion of the jury's deliberations, the court shall destroy any notes taken during the trial.f. Exhibits during deliberations. Upon retiring for deliberations, the jury shall be given the exhibits received in evidence and the court's instructions. Redactions should be made before exhibits are received in evidence. The jury shall not be given depositions. The court may also withhold from the jury original exhibits whose presence in the jury room could present an issue of safety, security, or risk of loss.g. Instructions. The rules relating to the instruction of juries in civil cases apply to criminal cases.h. Duty of the court to instruct on lesser included offenses. The trial court shall instruct the jury as to any offense charged and any lesser included offense supported by the evidence. The defendant may, with the consent of the State, waive the submission to the jury of any lesser included offense. Such waiver shall be made on the record.i. Jury deliberations. On final submission, the jury shall retire for deliberation and be kept together under an officer's charge until the jurors agree on a verdict or are discharged by the court. Unless the jury is sequestered, the court may permit the jurors to separate temporarily overnight, on weekends, on holidays, and in emergencies.j. Duties of the officer in charge during deliberations. The officer in charge must be sworn to: (1) Not allow any communication to or from the jury during deliberations.(2) Not personally make any communication to the jurors without court order, except to ask if they have agreed on a verdict.(3) Not communicate to any person the state of the jury's deliberations or the verdict agreed upon before it is rendered.k. Juror inquiries. After the jury has retired for deliberation, if any member of the jury has a question as to any part of the evidence or relevant point of law, the question must be made in writing and delivered to the judicial assistant by a juror, who shall then deliver it promptly to the presiding judge. The court, after consultation with the parties outside the presence of the jury, shall determine the response to be provided. Any response shall be provided in writing. A record shall be made of the question and the response.2.19(5)Mistrial.a. Discharge for mistrial.(1) The court may declare a mistrial and discharge a jury for the following reasons: 1. Because of any accident or calamity requiring termination of the trial upon motion of a party for cause shown.2. When a required continuance would make it impractical to proceed with the same jury.3. When the jurors have deliberated until it satisfactorily appears that they cannot agree.4. Because of an error resulting in the denial of a fair trial.(2) If the court declares a mistrial, the case shall be retried within 90 days unless double jeopardy bars further prosecution, the defendant waives speedy trial, or good cause for further delay is shown.b. Lack of territorial jurisdiction. If the court determines it lacks territorial jurisdiction of the offense, the court shall dismiss the indictment and discharge the jury. The court shall either order the immediate release of the defendant or order the defendant's retention in custody for a reasonable time to allow the prosecuting attorney to inform the relevant authorities in the appropriate jurisdiction and to permit that jurisdiction to take custody of the defendant.2.19(6)The trial judge.a. Unavailability of the trial judge. If the judge before whom trial has commenced is unable to continue presiding over any stage of the case, including sentencing, another judge may complete the proceedings. If such other judge cannot in fairness complete the proceedings due to not having previously presided, that judge may grant a new trial.b. Adjournments declared by the trial court. While the jury is absent, the court may adjourn for other business, but it shall be available for every purpose connected with the case submitted to the jury until a verdict is rendered or the jury is discharged.2.19(7)Motion for judgment of acquittal.a. Motion before submission to the jury. At the close of evidence on either side, if the evidence is insufficient to sustain a conviction of an offense, the court on motion of a defendant or on its own motion shall enter a judgment of acquittal on that offense.b. No need to renew motion. If a defendant's motion for judgment of acquittal at the close of the State's case is not granted, the defendant may offer evidence without having to renew the motion at the close of evidence.c. Reservation of decision on motion. If a motion for judgment of acquittal is made at the close of all evidence, the court may either decide the motion at that time or reserve decision on the motion and submit the case to the jury. In the latter case, the court shall decide the motion after the jury returns a verdict or is discharged without having returned a verdict.2.19(8)Trial of questions involving prior convictions. After conviction of the current offense, but prior to pronouncement of sentence, if the indictment alleges one or more prior convictions that subject the defendant to an increased sentence, the defendant shall have the opportunity in open court to affirm or deny that the defendant is the person previously convicted, or that the defendant was not represented by counsel and did not waive counsel when previously convicted. a. Prior to accepting any affirmation by the defendant, the court shall determine that a factual basis exists for the affirmation and shall have a colloquy with the defendant to ensure any admission is knowing and voluntary consistent with rule 2.8(2). The court shall inform the defendant:(1) Of the nature and elements of the enhancement.(2) That the prior convictions must have been obtained when the defendant was represented by, or waived the right to, counsel.(3) Of the maximum and minimum possible punishment resulting from the enhancement.(4) That by affirming that the defendant is the person previously convicted, the defendant waives the right to a trial by jury, the right to the assistance of counsel, the right to confront and cross-examine witnesses, and the right against self-incrimination.(5) That the defendant's affirmation means no trial will be held on whether the defendant is the person previously convicted.(6) That the State is not required to prove the prior convictions were entered with counsel if the defendant does not first raise the claim.(7) That any challenges to the increased sentence resulting from the prior convictions must be raised in a timely motion in arrest of judgment and failure to raise such challenges shall preclude the right to assert them on appeal.b. If the defendant denies being the person previously convicted, sentence shall be postponed for such time as to permit a trial before a jury on the issue of the defendant's identity with the person previously convicted. Other objections shall be heard and determined by the court.c. On the issue of identity, the court may reconvene the jury that heard the current offense or dismiss that jury and submit the issue to another jury to be later impaneled.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 50 to 57; Report 1978, effective 7/1/1979; amendment 1979; amendment 1982; Report12/29/1992, effective 7/1/1993;11/9/2001, effective 2/15/2002;6/17/2010, effective 8/16/2010; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.19(1). Former rule 2.19(1)(b) provided that "[l]ength of argument and the number of counsel arguing shall be as limited by the court." There is no intent to change this law; however, the drafters of the revised rule did not want to imply that the court lacked authority to limit segments of the trial other than the closing argument.