Rule 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.

ct 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.