Iowa Rules of Evidence

Rules of evidence are a set of rules to establish what can be brought forth as evidence in court and to regulate how evidence is collected, presented and applied in court.  Iowa Rules of Evidence govern proceedings in the courts of the State of Iowa.  These rules are shaped from statutes, cases, and court promulgated rules.  It is modeled after the Federal Rules of Evidence.  These rules apply in all proceedings in the courts of this state, including proceedings before magistrates and court-appointed referees and masters, except as otherwise provided by rules of the Iowa Supreme Court.

These rules, other than rules with respect to privilege, do not apply in the following situations:

  • During determination of questions of fact preliminary to the admissibility of evidence when the issue is to be determined by the court under rule 5.104(a).
  • Proceedings before grand juries.
  • Contempt proceedings in which an adjudication is made without prior notice and a hearing.
  • Miscellaneous proceedings such as for extradition or rendition; preliminary hearings in criminal cases, sentencing, and granting or revoking probation; issuance of warrants for arrest, criminal complaints, and search warrants; and proceedings with respect to release on bail or otherwise.

Iowa Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of Iowa Rules of Evidence.

ARTICLE I. GENERAL PROVISIONS 7

Rule 5.101 Scope.

Rule 5.102 Purpose and construction.

Rule 5.103 Rulings on evidence.

Rule 5.104 Preliminary questions.

Rule 5.105 Limited admissibility.

Rule 5.106 Remainder of related acts, declarations, conversations, writings, or recorded statements.

Rules 5.107 to 5.200 Reserved.

ARTICLE II. JUDICIAL NOTICE 2

Rule 5.201 Judicial notice of adjudicative facts.

Rules 5.202 to 5.300 Reserved.

ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 2

Rule 5.301 Presumptions in general in civil actions and proceedings.

Rules 5.302 to 5.400 Reserved.

ARTICLE IV. RELEVANCY AND ITS LIMITS 13

Rule 5.401 Definition of “relevant evidence.”

Rule 5.402 Relevant evidence generally admissible; irrelevant evidence inadmissible.

Rule 5.403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste   of time.

Rule 5.404 Character evidence not admissible to prove conduct; exceptions; other crimes.

Rule 5.405 Methods of proving character.

Rule 5.406 Habit; routine practice.

Rule 5.407 Subsequent remedial measures.

Rule 5.408 Compromise and offers to compromise.

Rule 5.409 Payment of expenses.

Rule 5.410 Inadmissibility of pleas, plea discussions, and related statements.

Rule 5.411 Liability insurance.

Rule 5.412 Sexual abuse cases; relevance of victim’s past behavior.

Rules 5.413 to 5.500 Reserved.

ARTICLE V. PRIVILEGES 3

Rule 5.501 General rule.

Rule 5.502 Attorney-client privilege and work product; limitations on waiver.

Rules 5.503 to 5.600 Reserved.

ARTICLE VI. WITNESSES 16

Rule 5.601 General rule of competency.

Rule 5.602 Lack of personal knowledge.

Rule 5.603 Oath or affirmation.

Rule 5.604 Interpreters.

Rule 5.605 Competency of judge as witness.

Rule 5.606 Competency of juror as witness.

Rule 5.607 Who may impeach.

Rule 5.608 Evidence of character and conduct of witness.

Rule 5.609 Impeachment by evidence of conviction of crime.

Rule 5.610 Religious beliefs or opinions.

Rule 5.611 Mode and order of interrogation and presentation.

Rule 5.612 Writing used to refresh memory.

Rule 5.613 Prior statements of witnesses.

Rule 5.614 Calling and interrogation of witnesses by court.

Rule 5.615 Exclusion of witnesses.

Rules 5.616 to 5.700 Reserved.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 7

Rule 5.701 Opinion testimony by lay witnesses.

Rule 5.702 Testimony by experts.

Rule 5.703 Bases of opinion testimony by experts.

Rule 5.704 Opinion on ultimate issue.

Rule 5.705 Disclosure of facts or data underlying expert opinion.

Rule 5.706 Court-appointed experts.

Rules 5.707 to 5.800 Reserved.

ARTICLE VIII. HEARSAY 8

Rule 5.801 Definitions.

Rule 5.802 Hearsay rule.

Rule 5.803 Hearsay exceptions; availability of declarant immaterial.

Rule 5.804 Hearsay exceptions; declarant unavailable.

Rule 5.805 Hearsay within hearsay.

Rule 5.806 Attacking and supporting credibility of declarant.

Rule 5.807 Residual exception.

Rules 5.808 to 5.900 Reserved.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 4

Rule 5.901 Requirement of authentication or identification.

Rule 5.902 Self-authentication.

Rule 5.903 Subscribing witness’s testimony unnecessary.

Rules 5.904 to 5.1000 Reserved.

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS 9

Rule 5.1001 Definitions.

Rule 5.1002 Requirement of original.

Rule 5.1003 Admissibility of duplicates.

Rule 5.1004 Admissibility of other evidence of contents.

Rule 5.1005 Public records.

Rule 5.1006 Summaries.

Rule 5.1007 Testimony or written admission of party.

Rule 5.1008 Functions of court and jury.

Rules 5.1009 to 5.1100 Reserved.

ARTICLE XI. MISCELLANEOUS RULES 3

Rule 5.1101 Applicability of rules.

Rule 5.1102 Reserved.

Rule 5.1103 Title.

Iowa Rules of Evidence


Inside Iowa Rules of Evidence