Rule 2.2. Proceedings before the magistrate

2.2(1) Definition of “magistrate.” For purposes of this section, “magistrate” includes judicial

magistrates, district associate judges, and district judges.

2.2(2) Initial appearance of the defendant. An officer making an arrest with or without a

warrant shall take the arrested person before a magistrate either personally or by interactive

audiovisual system as provided by rule 2.27(1)(a) within 24 hours unless no magistrate is

available and in all events within 48 hours.

a. When a person arrested without a warrant is brought before a magistrate, a complaint shall

be filed forthwith.

b. If the defendant received a citation or was arrested without a warrant, the magistrate shall,

prior to further proceedings in the case, make an initial, preliminary determination from the

complaint or affidavits filed with the complaint whether there is probable cause to believe that an

offense has been committed and that the defendant has committed it. The magistrate’s decision in

this regard shall be entered in the record.

c. Unless otherwise ordered by the court, a self-represented defendant may waive the initial

appearance by executing and filing rule 2.37—Form 8: Self-Represented Waiver of Initial

Appearance and Preliminary Hearing for Indictable Offense. An attorney for the defendant may

waive the initial appearance on the defendant’s behalf by executing and filing a written waiver

that substantially complies with rule 2.37—Form 9: Attorney Waiver of Initial Appearance and

Preliminary Hearing for Indictable Offense. The date of the initial appearance is deemed the date

the waiver is filed.

2.2(3) Events to occur at the initial appearance. The defendant shall not be called upon to

plead at the initial appearance. The following events shall occur:

a. The magistrate shall inform the defendant of the complaint and ensure the defendant

receives a copy.

b. The magistrate shall inform the defendant of the following:

(1) The defendant’s right to retain counsel.

date

the waiver is filed.

2.2(3) Events to occur at the initial appearance. The defendant shall not be called upon to

plead at the initial appearance. The following events shall occur:

a. The magistrate shall inform the defendant of the complaint and ensure the defendant

receives a copy.

b. The magistrate shall inform the defendant of the following:

(1) The defendant’s right to retain counsel.

(2) The defendant’s right to request the appointment of counsel if the defendant is unable to

obtain counsel by reason of indigency.

(3) The circumstances under which the defendant may secure pretrial release.

(4) The defendant’s right to obtain review of any conditions imposed on the defendant’s

release.

(5) That the defendant is not required to make a statement and that any statement made by the

defendant may be used against the defendant.

(6) The defendant’s right to a preliminary hearing unless an indictment or trial information is

filed beforehand.

c. If the defendant is found to be indigent pursuant to Iowa Code section 815.9, the magistrate

shall appoint counsel to represent the defendant.

d. The magistrate shall order the defendant held to answer in further proceedings.

e. If the defendant does not waive the preliminary hearing, the magistrate shall schedule a

preliminary hearing and inform the defendant of the date of the preliminary hearing. Such hearing

shall be held within a reasonable time but in any event no later than 10 days following the initial

appearance if the defendant is in custody and no later than 20 days if the defendant is not in

custody. Upon a showing of good cause, the time limits specified in this paragraph may be

extended by the magistrate. The preliminary hearing will not occur if, prior to its commencement,

an indictment or trial information is filed.

2.2(4) Preliminary hearing.

ater than 10 days following the initial

appearance if the defendant is in custody and no later than 20 days if the defendant is not in

custody. Upon a showing of good cause, the time limits specified in this paragraph may be

extended by the magistrate. The preliminary hearing will not occur if, prior to its commencement,

an indictment or trial information is filed.

2.2(4) Preliminary hearing.

a. Waiver of preliminary hearing. Unless otherwise ordered by the court, a self-represented

defendant may waive the preliminary hearing by executing and filing rule 2.37—Form 8: Self-

Represented Waiver of Initial Appearance and Preliminary Hearing for Indictable Offense. An

attorney for the defendant may waive the preliminary hearing on the defendant’s behalf by

executing and filing a written waiver that substantially complies with rule 2.37—Form 9:

Attorney Waiver of Initial Appearance and Preliminary Hearing for Indictable Offense.

b. Method of proceeding. The prosecution shall present evidence at the preliminary hearing.

The defendant may cross-examine witnesses and may introduce evidence on the defendant’s

behalf.

c. Probable cause finding. If from the evidence it appears that there is probable cause to

believe that an offense has been committed and that the defendant committed it, the magistrate

shall order the defendant held to answer in further proceedings. The finding of probable cause

shall be based upon substantial evidence, which may be hearsay in whole or in part provided

there is a substantial basis for believing the source of the hearsay to be credible and for believing

that there is a factual basis for the information furnished.

d. Constitutional objections. Rules excluding evidence on the ground that it was acquired by

unlawful means and motions to suppress are not applicable to the preliminary hearing.

e. Discharge of the defendant

whole or in part provided

there is a substantial basis for believing the source of the hearsay to be credible and for believing

that there is a factual basis for the information furnished.

d. Constitutional objections. Rules excluding evidence on the ground that it was acquired by

unlawful means and motions to suppress are not applicable to the preliminary hearing.

e. Discharge of the defendant. If from the evidence it appears that there is no probable cause to

believe that an offense has been committed or that the defendant committed it, the magistrate

shall dismiss the complaint and discharge the defendant. Unless the dismissed charge was a

serious misdemeanor, the discharge of the defendant shall not preclude the government from

instituting a subsequent prosecution for the same charge.

f. Preliminary hearing testimony preserved by stenographer or electronic recording

equipment; production prior to trial. Proceedings at the preliminary hearing shall be reported by

a court reporter or recorded by electronic recording equipment. The recording or transcript shall

be made available to the defendant, the defendant’s attorney, or the government on request.

Prepayment for transcripts shall be required except for an indigent defendant.