Rule 2.33 - Dismissal of prosecutions; right to speedy trial2.33(1)Dismissal generally; effect. The court, upon its own motion or the application of the prosecuting attorney, in the furtherance of justice, may order the dismissal of any pending criminal prosecution, the reasons therefor being stated in the order and entered of record, and no such prosecution shall be discontinued or abandoned in any other manner. Such a dismissal is a bar to another prosecution for the same offense if it is a simple or serious misdemeanor, but it is not a bar if the offense charged is a felony or an aggravated misdemeanor.2.33(2)Speedy trial. It is the public policy of the State of Iowa that criminal prosecutions be concluded at the earliest possible time consistent with a fair trial to both parties. Applications for dismissals under this rule may be made by the prosecuting attorney or the defendant or by the court on its own motion.a. When an adult is arrested for the commission of an offense, or, in the case of a minor, when the juvenile court enters an order waiving jurisdiction pursuant to Iowa Code section 232.45, and an indictment is not found against the defendant within 45 days, the court must order the prosecution be dismissed unless good cause to the contrary is shown. For purposes of this rule, the 45-day period commences for an adult only after the defendant has been taken before a magistrate for an initial appearance or a waiver of the initial appearance is filed.b. The defendant must be brought to trial within 90 days after indictment is found or the court must order the indictment be dismissed unless good cause to the contrary is shown.c. All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.d. The defendant personally or through the defendant's attorney may waive the deadlines in (a) and (b) above by filing a written waiver that substantially complies with rule 2.37 -Form 10: Waiver of Speedy Trial (90 Day). A waiver of speedy trial operates to waive both deadlines. The deadline in (c) may be waived only by the defendant personally and on the record or by the filing of a written waiver that substantially complies with rule 2.37 -Form 11: Waiver of Speedy Trial (One Year).e. If the court directs that the prosecution be dismissed, the defendant, if in custody, must be discharged, or the defendant's bail, if any, exonerated.2.33(3)Change of venue after jury selection commenced. Whenever a change of venue is granted pursuant to Iowa Code section 803.2(2), the defendant may be brought to trial within 90 days of the grant of the change of venue, notwithstanding rule 2.33(2) (b).66GA, ch 1245(2), § 1301; amendment 1979; amendment 1980; amendment 1982; 82 Acts, ch 1021, § 5, effective 7/1/1983; Report11/9/2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.