2.20(1)The defendant. A defendant in a criminal action or proceeding shall be a competent witness in the defendant's own behalf but cannot be called by the State.2.20(2)Compelling attendance of out-of-state witnesses. The presence and testimony of a witness located outside the state may be secured as provided by Iowa Code chapter 819.2.20(3)Immunity.a. Waiver required. Before any witness shall be compelled to answer or to produce evidence in any judicial proceeding after having asserted in good faith that such answer or evidence would violate the witness's privilege against self-incrimination, the witness must knowingly waive the right unless granted immunity.b. Application for immunity. If a witness refuses to testify or produce documents or evidence, the county attorney or attorney general may file a verified application for immunity setting forth that: (1) The testimony of the witness or the production of documents or other evidence in the possession of such witness is necessary and material.(2) The witness has refused to testify, or to produce documents or other evidence upon the ground that such testimony or evidence would tend to incriminate the witness.(3) It is the considered judgment of the county attorney or attorney general that justice and the public interest require the testimony, documents, or evidence in question.c. Reporting required. Any testimony given in support of the application for immunity shall be reported, and a transcript of the testimony shall be filed with the application.d. Ruling on application. Following receipt of a proper application, the court shall enter an order granting the witness immunity from prosecution for any offense concerning which the witness is compelled to give testimony or provide evidence and based on the use, direct or indirect, of any testimony or evidence the witness is compelled to give.e. Effect of immunity. Testimony or evidence that a witness granted immunity has given shall not be used against the witness in any trial or proceeding, or subject the witness to any penalty or forfeiture, except a charge of perjury or contempt of court committed in the course of or during the giving of such testimony. In addition, the witness shall not be prosecuted for any offense concerning which the witness was compelled to give testimony or provide evidence.f. Filing of application and other materials. The application, transcripts, and orders required by this rule shall be filed as a separate case in the criminal docket entitled "In the matter of the testimony of (Name of witness)." A transcript of testimony given pursuant to an order of immunity shall be made at State expense and filed in this docket. The application, order granting immunity, and all transcripts filed shall be sealed upon motion of the witness, the defendant, or the prosecuting attorney and shall be opened only by order of the court.g. Refusal to testify after immunity granted. Whoever shall refuse to testify or to produce evidence after having been granted immunity shall be subject to punishment for contempt of court as in the case of any witness who refuses to testify.2.20(4)Witnesses for indigents. An attorney for a defendant who because of indigency is financially unable to obtain expert or other witnesses necessary to an adequate defense of the case may request in a written application that the necessary witnesses be secured at State expense. Upon finding that the services are necessary and that the defendant is financially unable to provide compensation, the court shall authorize the defendant's attorney to obtain the witnesses on behalf of the defendant. The court shall determine reasonable compensation and direct payment pursuant to Iowa Code chapter 815.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 58 to 60; 1983 Iowa Acts, ch 186, § 10145; Report November 9, 2001, effective 2/15/2002; Court Order October 14, 2022, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.20(1). No substantive changes are intended from former rule 2.20(1).
COMMENT:
Rule 2.20(3)(e). The changes to rule 2.20(3)(e) are intended to make clear that the rule follows the holding of Allen v. Iowa District Court, 582 N.W.2d 506 (Iowa 1998), with respect to the scope of immunity-i.e., the immunity is both transactional and use immunity.