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Rule 2.25 – Bill of exceptions

May 13, 2021 | Criminal Procedure, Iowa

2. 25(1)Purpose. The purpose of a bill of exceptions is to make the proceedings or evidence appear of record which would not otherwise so appear.
2. 25(2)What constitutes record; exceptions unnecessary. All papers pertaining to the cause and filed with the clerk, and all entries made by the clerk in the record book pertaining to them, and showing the action or decision of the court upon them or any part of them, and the judgment, are to be deemed parts of the record, and it is not necessary to except to any action or decision of the court so appearing of record.
2. 25(3)Grounds for exceptions. On the trial of an indictable offense, exceptions may be taken by the state or by the defendant to any decision of the court upon matters of law, in any of the following cases:

a. In disallowing a challenge to an individual juror.
b. In admitting or rejecting witnesses or evidence on the trial of any challenge to an individual juror.
c. In admitting or rejecting witnesses or evidence.
d. In deciding any matter of law, not purely discretionary on the trial of the issue.

Exceptions may also be taken to any action or decision of the court which affects any other material or substantial right of either party, whether before or after the trial of the indictment, or on the trial.

2. 25(4)Bill by judge. Either party may take an exception to any decision or action of the court, in any stage of the proceedings, not required to be and not entered in the record book, and reduce the same to writing, and tender the same to the judge, who shall sign it if true, and if signed it shall be filed with the clerk and become part of the record of the cause.
2. 25(5)Bill by bystanders. If the judge refuses to sign it, such refusal must be stated at the end thereof, and it may then be signed by two or more attorneys or officers of the court or disinterested bystanders, and sworn to by them, and filed with the clerk, and it shall thereupon become a part of the record of the cause.
2. 25(6)Time to approve bill. The judge shall be allowed one court day to examine the bill of exceptions, and the party excepting shall be allowed three court days thereafter to procure the signatures and file the same.
2. 25(7)Modification of bill. If the judge and the party excepting can agree in modifying the bill of exceptions, it shall be modified accordingly.
2. 25(8)Time allowed to prepare bill. Time must be given to prepare the bill of exceptions when it is necessary; if it can reasonably be done, it shall be settled at the time of taking the exception.

Iowa. R. Crim. P. 2.25

Report 1979; Court Order December 20, 1996; November 9, 2001, effective February 15, 2002