Iowa Code 803.2 – Place of trial — general
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Terms Used In Iowa Code 803.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Rule: includes "regulation". See Iowa Code 4.1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
803.2 Place of trial — general.
1. A criminal action shall be tried in the county in which the crime is committed, except as otherwise provided by law.
2. The court, may on its own motion or on the motion of any of the parties to the proceeding reconsider and grant a pretrial motion for change of venue whenever it appears during jury selection that sufficient grounds would exist for granting the motion under the provisions of rule of criminal procedure 2.11.
3. All objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue. However, if venue is changed pursuant to subsection 2, all objections to venue in the county to which the action is transferred are waived by a defendant unless the defendant objects by a motion for change of venue filed within five days after entry of the order transferring the action and secures a ruling by the trial court on the motion before a jury has been impaneled and sworn. [R60, §4502; C73, §4156; C97, §5154; C24, 27, 31, 35, 39, §13449; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, §753.2; C79, 81, §803.2; 82 Acts, ch 1021, §7, 12(1)]
Referred to in §803.3
1. A criminal action shall be tried in the county in which the crime is committed, except as otherwise provided by law.
2. The court, may on its own motion or on the motion of any of the parties to the proceeding reconsider and grant a pretrial motion for change of venue whenever it appears during jury selection that sufficient grounds would exist for granting the motion under the provisions of rule of criminal procedure 2.11.
3. All objections to venue are waived by a defendant unless the defendant objects thereto and secures a ruling by the trial court on a pretrial motion for change of venue. However, if venue is changed pursuant to subsection 2, all objections to venue in the county to which the action is transferred are waived by a defendant unless the defendant objects by a motion for change of venue filed within five days after entry of the order transferring the action and secures a ruling by the trial court on the motion before a jury has been impaneled and sworn. [R60, §4502; C73, §4156; C97, §5154; C24, 27, 31, 35, 39, §13449; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, §753.2; C79, 81, §803.2; 82 Acts, ch 1021, §7, 12(1)]
Referred to in §803.3