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Iowa R. Juv. P. 8.2

Delinquency proceedings

activein force · 2002-05-01 – presentact-effective-date

8.2(1) Access to records. Upon the request of counsel for a juvenile who has been referred for

intake screening on a delinquency complaint, the state shall give the juvenile’s counsel access

to all documents, reports and records within or which come within its possession or control that

concern the juvenile or the alleged offense.

8.2(2) Informal discovery sufficient. Although informal discovery methods are preferred, upon

good cause shown, depositions and interrogatories by any party may be permitted by the court in

delinquency proceedings except where they conflict with these rules or with statutes. Ordinarily,

however, depositions and interrogatories shall not be permitted for issues arising under Iowa

Code section 232.45(6)(b) after filing of a motion to waive jurisdiction.

8.2(3) Affirmative defenses. If a juvenile alleged to have committed a delinquent act intends to

rely upon the affirmative defenses of insanity, diminished responsibility, intoxication, entrapment,

or self-defense [justification], the juvenile shall file written notice of the intention not later than

the time set by the court for said filing and in any event not less than ten calendar days prior to

the adjudicatory hearing, except for good cause shown.

8.2(4) State’s right to expert examination. Where a juvenile has given notice of the use of the

defense of insanity or diminished responsibility and intends to call an expert witness or witnesses

on that issue at trial, the juvenile shall, within the time provided for the filing of pretrial motions,

file written notice of the name of such witness. Upon such notice or as otherwise appropriate

the court may upon application order the examination of the juvenile by a state-named expert or

experts whose names shall be disclosed to the juvenile prior to examination.

8.2(5) Notice of alibi. If a juvenile alleged to have committed a delinquent act intends to offer

an alibi defense, the juvenile shall file written notice of such intention not later than the time

set by the court for the filing of pretrial motions or at such later time as the court directs. The

notice of alibi defense shall state the specific place or places the juvenile claims to have been

at the time of the alleged offense and the names and addresses of the witnesses upon whom the

juvenile intends to rely to establish such alibi. In the event that a juvenile shall file such notice the

prosecuting attorney shall file written notice of the names and addresses of the witnesses the state

proposes to offer in rebuttal to discredit the alibi. Such notice shall be filed within ten days after

the filing of the juvenile’s witness list, or within such other time as the court may direct.

8.2(6) Failure to comply. If either party fails to abide with the notice requirements of rule

8.2(3), 8.2(4), or 8.2(5), such party may not offer evidence on the issue of alibi, insanity,

diminished responsibility, intoxication, entrapment, or self-defense without leave of court for

good cause shown. In granting leave, the court may impose terms and conditions including a

delay or continuance of trial. The right of a juvenile to give evidence of alibi, insanity, diminished

responsibility, intoxication, entrapment, or self-defense in his or her own testimony is not limited

by this rule.

8.2(7) Multiple offenses. Two or more delinquent acts which arise from the same transaction

or occurrence or from two or more transactions or occurrences constituting parts of a common

scheme or plan, when alleged and prosecuted contemporaneously, shall be alleged and prosecuted

as separate counts in a single delinquency petition unless, for good cause shown, the juvenile

court in its discretion determines otherwise.

8.2(8) Separate petition(s). In cases not subject to rule 8.2(7), a separate delinquency petition

shall be filed for each delinquent act.

History

[Report February 21, 1985, effective July 1, 1985; April 7, 2000, effective July 1, 2000; November 9, 2001, effective February 15, 2002; February 22, 2002, effective May 1, 2002]

Provenance

Source
www.legis.iowa.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
3f98eddbbcdaeef689426782a71fe6fde18407906ab729111d12ea0b865180e0
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Iowa R. Juv. P. 8.2 — Delinquency proceedings · binding.law