IA · rules
Iowa R. Crim. P. 2.10
Plea bargaining
2.10(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.
History
[66GA, ch 1245(2), §1301; 67GA, ch 153, §24; amendment 1979; Court Order April 10, 1997; Report November 9, 2001, effective February 15, 2002; Court Order October 14, 2022, effective July 1, 2023; August 30, 2024; effective October 30, 2024]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
c099c7fa82a72ab378f9538ada8fffc0cd908382c8c0dd3b6a2732606f677818
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