Section 631.12 — Jury Discharged Without Verdict.
631.12 JURY DISCHARGED WITHOUT VERDICT. After the retirement of the jury, the court may discharge it if: (1) one of the jurors becomes so sick as to be unable to continue to serve on the jury; (2) the jury is unable to agree upon a verdict; or (3) any other accident or cause occurs to […]
Section 631.13 — Conditions Under Which Second Trial Permitted.
631.13 CONDITIONS UNDER WHICH SECOND TRIAL PERMITTED. If a jury is discharged or prevented from giving a verdict because of accident, disagreement, or other cause, the case may be again tried at the same or another term, unless the defendant is discharged during the trial or after the case has been submitted to the jury. […]
Section 631.14 — Verdict For Lesser Included Offense.
631.14 VERDICT FOR LESSER INCLUDED OFFENSE. Upon an indictment or complaint for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or complaint, and guilty of any degree inferior to that. Upon an indictment or complaint for an offense, the jury may find […]
Section 631.15 — Verdict; Multiple Defendants.
631.15 VERDICT; MULTIPLE DEFENDANTS. If the jury cannot agree upon a verdict with respect to all defendants in a trial involving multiple defendants, it may render a verdict as to those defendants in regard to whom it does agree, on which a judgment shall be entered accordingly. The defendants not receiving a verdict may be […]
Section 631.17 — Court Administrator To Read Verdict To Jury.
631.17 COURT ADMINISTRATOR TO READ VERDICT TO JURY. When a verdict such as the court may receive is returned, the court administrator shall immediately file it in open court and read it to the jury, and ask the jurors if it is their verdict. If a juror disagrees, that fact shall be entered upon the […]
Section 631.20 — Hearing; Sentence.
631.20 HEARING; SENTENCE. After a plea or verdict of guilty, if the court has discretion as to the extent of the punishment, and if either party suggests that there are aggravating or mitigating circumstances which may be properly considered in imposing sentence, the court may hear the issue summarily, at a specified time, and upon […]
Section 631.21 — Dismissal Of Action.
631.21 DISMISSAL OF ACTION. The court may order a criminal action, whether prosecuted upon indictment or complaint, to be dismissed. The court may order dismissal of an action either on its own motion or upon motion of the prosecuting attorney and in furtherance of justice. If the court dismisses an action, the reasons for the […]
Section 631.09 — Jury Deliberation; Accommodations.
631.09 JURY DELIBERATION; ACCOMMODATIONS. At the close of the evidence and after the court has charged the jury, the jury may decide the case in court or retire for deliberation. If the jury cannot agree on a verdict without retiring, the court shall swear one or more officers to take charge of the jury. The […]
Section 631.02 — Continuances For Sufficient Cause.
631.02 CONTINUANCES FOR SUFFICIENT CAUSE. A continuance may be granted by the court when a case is called for trial, or at any time during pretrial proceedings, upon motion of either the prosecution or defense. The moving party must show sufficient cause for the continuance. Affidavits in support of the motion for continuance must be […]
Section 631.021 — Criminal Trials; Timing Objectives For Case Disposition.
631.021 CRIMINAL TRIALS; TIMING OBJECTIVES FOR CASE DISPOSITION. The judges of each judicial district must adopt and administer rules or procedures to ensure that, on and after July 1, 1997, the following timing objectives for the disposition of criminal cases are met by judges within the district: (1) 90 percent of all criminal cases must […]