Rule 2.17 – Trial by jury or court

May 13, 2021 | Criminal Procedure, Iowa

2. 17(1)Trial by jury. Cases required to be tried by jury shall be so tried unless the defendant voluntarily and intelligently waives a jury trial in writing and on the record within 30 days after arraignment, or if no waiver is made within 30 days after arraignment the defendant may waive within ten days after the completion of discovery, but not later than ten days prior to the date set for trial, as provided in these rules for good cause shown, and after such times only with the consent of the prosecuting attorney. The defendant may not withdraw a voluntary and knowing waiver of trial by jury as a matter of right, but the court, in its discretion, may permit withdrawal of the waiver prior to the commencement of the trial.
2. 17(2)Findings. In a case tried without a jury the court shall find the facts specially and on the record, separately stating its conclusions of law and rendering an appropriate verdict.

Iowa. R. Crim. P. 2.17

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 44; 69GA, ch 206, § 16; amendment 1983; 1986 Iowa Acts, ch 1106, § 1; Report November 9, 2001, effective February 15, 2002