As amended through Septmber 9, 2024
Rule 2.10 - Plea bargaining2.10(1)In general. The prosecuting attorney and the defendant's attorney may engage in discussions toward reaching a plea agreement, i.e., an agreement that the defendant will plead guilty to one or more offenses in return for one or more concessions by the state.2.10(2)Advising the court of agreement. If a plea agreement has been reached by the parties, the court shall require disclosure of the terms of the agreement on the record at the time the plea is offered. If the plea agreement is in writing, the agreement shall be provided to the court and made a part of the record. All parties shall acknowledge the agreement either in writing or in open court on the record.2.10(3)Plea agreements conditioned upon court acceptance. If the plea agreement is conditioned upon the court's approval of a sentencing agreement between the parties, the court may accept or reject the plea agreement, or may defer its decision to accept or reject the plea agreement until receipt of a presentence investigation report.a. Acceptance of conditional plea agreement. When the plea agreement is conditioned upon court approval of a sentencing agreement, and the court accepts the sentencing agreement, at or before the time the plea is accepted, the court shall inform the defendant that it will adopt the disposition provided for in the agreement or another disposition more favorable to the defendant.b. Rejection of conditional plea agreement.(1) When the plea agreement is conditioned upon court approval of a sentencing agreement, and the court determines it will reject the sentencing agreement, the court shall inform the parties of this fact and afford the defendant an opportunity to withdraw the plea. If the court defers its decision to accept or reject the plea agreement and later decides to reject the plea agreement after receiving the presentence investigation report, the court shall likewise afford the defendant the opportunity to withdraw the plea.(2) If the court rejects the plea agreement, the court shall also advise the defendant that if the guilty plea continues, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement. If the defendant persists in the guilty plea and it is accepted by the court, the defendant shall not have the right to withdraw the plea later on the ground that the court did not follow the plea agreement.2.10(4)Inadmissibility of plea discussions. If plea discussions do not result in a guilty plea or if a guilty plea is not accepted or is withdrawn, or if judgment on a guilty plea is reversed on direct or collateral review, the content of any plea discussions and any resulting plea agreement, plea, or judgment shall be inadmissible in any proceeding except as provided in Iowa Rule of Evidence 5.410.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 24; amendment 1979; Court Order April 10, 1997; Report November 9, 2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023.