Rule 2.6 - Multiple offenses or defendants; pleading special matters2.6(1)Multiple offenses. Two or more offenses that arise from the same transaction or occurrence, or from two or more transactions or occurrences constituting parts of a common scheme or plan, may be alleged and prosecuted as separate counts in a single indictment unless, for good cause shown, the trial court determines otherwise. Where a charged offense has lesser included offenses, the latter shall not be charged. The defendant may be convicted of either the offense charged or an included offense, but not both.2.6(2)Charging multiple defendants.a. Multiple defendants. Two or more defendants may be charged in the same indictment if they are alleged to have participated in the same act or the same transaction or occurrence out of which the offense or offenses arose. Such defendants may be charged in one or more counts together or separately, and all the defendants need not be charged in each count.b. Prosecution and judgment. When two or more defendants are jointly charged, each shall be charged in a separate numbered case with a notation in the indictment of the number or numbers of the other cases. Those defendants shall be tried jointly unless, on motion of a defendant, the court determines that prejudice will result to one of the parties, in which case those defendants shall be tried separately. When jointly tried, defendants shall be adjudged separately on each count.2.6(3)Allegations of prior convictions. If the defendant will be subject to an increased penalty because of prior convictions, the prior convictions shall be alleged in the indictment. When the indictment is read or presented to the jury, there shall be no mention, directly or indirectly, of the prior convictions before conviction of the current offense.2.6(4)Other enhancements. If the offense charged is one for which the defendant, if convicted, will be subject by reason of the Iowa Code to a greater minimum or maximum sentence because of some fact, such as use of a dangerous weapon, the allegation of such fact shall be contained in the indictment. If the allegation is supported by substantial evidence, the court shall submit to the jury a special interrogatory concerning this matter, as provided in rule 2.22(3).2.6(5)Pleading statutes. A pleading asserting any statute of another state, territory, or jurisdiction of the United States, or a right derived from such statute, must reference the statute with a common citation form. The court may take judicial notice of the statute.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 16; amendment 1980; amendment 1982; amendment 1983; Report January 24, 2000, effective 3/1/2000;11/9/2001, effective 2/15/2002;12/22/2003, effective 11/1/2004; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.6(2). Revised rule 2.6(2) is not intended to modify existing law on charging multiple defendants.