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Rule 2.21 – Evidence

May 13, 2021 | Criminal Procedure, Iowa

2. 21(1)Rules. The rules of evidence prescribed in civil procedure shall apply to criminal proceedings as far as applicable and not inconsistent with the provisions of statutes and these rules.
2. 21(2)Questions of law and fact. Upon jury trial of a criminal case, questions of law are to be decided by the court, saving the right of the defendant and state to object; questions of fact are to be tried by jury.
2. 21(3)Corroboration of accomplice or person solicited. A conviction cannot be had upon the testimony of an accomplice or a solicited person, unless corroborated by other evidence which shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.

Corroboration of the testimony of victims shall not be required.

2. 21(4)Confession of defendant. The confession of the defendant, unless made in open court, will not warrant a conviction, unless accompanied with other proof that the defendant committed the offense.
2. 21(5)Disposition of exhibits. In all criminal cases other than class “A” felonies, the clerk may dispose of all exhibits within 60 days after the first to occur of:

a. Expiration of all sentences imposed in the case.
b. Order of the court after at least 30 days written notice to all counsel of record including the last counsel of record for the defense, and to the defendant, if incarcerated, granting the right to be heard on the question.

Disposal of firearms and ammunition shall be by delivery to the Department of Public Safety for disposition as provided by law. Disposal of controlled substances shall be by delivery to the Department of Public Safety for disposal under Iowa Code section 124.506.

Iowa. R. Crim. P. 2.21

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 61 to 63; 1983 Iowa Acts, ch 37, § 7; 1985 Iowa Acts, ch 174, § 15; Court Order January 2, 1996, effective March 1, 1996; Report November 9, 2001, effective February 15, 2002