THE DISTRICT COURT OF IOWA FIFTH
RULES OF PRACTICE AND ADMINISTRATION
(Last updated 1986)
Rules of Practice and Administration are adopted by the authority of IRCP 372
and 373, IRCrP 29 and the inherent authority of the Court.
1 through 24 are general rules for the entire district, with certain numbers
being reserved for future rule use. Rules 25 and following apply only in Polk
County. Rules pertaining to probate are separately numbered 1 through 4 and
apply to all counties.
rules are subject to amendment by a majority of the district judges and any
such amendments shall be posted for three (3) days in the Office of the Clerk
of Court of each county.
101 and following pertain to the District Associate Court in Polk County.
District Associate Court Rules are subject to amendment by a majority of the
District Associate Court Judges, with the approval of Chief Judge of the
district, and any such amendment shall be posted for three (3) days in the
Office of the Clerk of Court of Polk County.
RULE 1. The clerk of court in each county shall
maintain two additional journals: (1) for the recording of these rules of
practice and any amendments thereto; and (2) for the recording of general administrative
orders of the court.
2. COURT FILES. The court files in any action,
whether an active file or otherwise, shall not be taken from the clerk's office
except upon written order of a judge of the district. However, in counties
other than Polk, the clerk may permit an attorney or abstractor practicing in
the county to take court files from the office without such written order but
upon such terms as the clerk may prescribe. In either case such person shall
leave a receipt therefor upon a form provided by the clerk. In Polk County,
attorneys may take probate files, but only for direct delivery to the referee
3. PETIT (TRIAL) JURORS.
(A) In all
counties except Polk County, for each calendar quarter of court, sufficient
petit jurors will be drawn on a date not less than twenty or more than thirty
days before each calendar quarter, and summoned for service at each trial
session of the court. The jurors, so drawn, will be subject to jury service in
each county for the entire calendar quarter. The jurors will be required to
appear at such times as the presiding judge or the court shall direct, and the
clerk of the district court will notify said jurors of the selection and the
county sheriff will summon them to appear.
(B) In Polk
County, the number of jurors ordered by the court shall be drawn each month.
(C) This rule will constitute a general standing order
in each county for summoning petit (trial) jurors and no other order of court
will be required, but the same will not prevent the court from making any other
special orders pertaining thereto.
4. PLEADINGS AND MOTIONS-FORM. Each appearance, notice, motion as
defined in Rule 27, or pleading, in addition to the requirements of IRCP 78, shall
be on legal sized paper and shall bear the case number and the signatures,
address, zip code, and telephone number of the attorney filing the same. When
firm names appear as attorneys, the attorney in charge of the case shall be
clearly designated. Court signed legal papers shall be on plain legal sized
paper. (See Note.)
Note Fifth Judicial
District's Administrative Order dated 7/12/89 states: (Rule 4 is stricken
in its entirety and in lieu thereof the following is substituted: RULE
4. PLEADINGS AND MOTIONS-FORM. All pleadings
and other papers filed with the Clerks of Court shall comply with R.C.P. 78
(New no. Iowa R. Civ. P. 1.411 Caption and signature.) and Iowa Court
rule 217 (New no. Iowa Ct. R. 22.36 Paper size and requested copies.)
When firm names appear as attorneys, the attorney in charge of the case shall
be clearly designated. Complete mailing addresses and telephone number of
attorneys shall be stated.
5. APPEARANCES. Where any party appears without an
attorney, that person shall show his or her name, address and telephone number
on every pleading or motion filed, and shall notify the clerk in writing of any
change in address.
6. PROCEDURE FOR WITHDRAWAL OF
APPEARANCE. The appearance of any attorney in any case may be withdrawn
only on application to the court with notice of opportunity for hearing mailed
or delivered to the client and on subsequent order of the court with copy
mailed or delivered to the client at his last known address.
However, in those cases
where a change of attorney will not affect a trial or hearing date, an attorney
may upon order of court withdraw without notice of hearing if prior to the
filing of his written withdrawal there is on file an appearance by other
counsel, or the client, in writing, agrees to the withdrawal.
7. TRIAL BRIEFS. Trial briefs shall be submitted to
the trial judge by all parties represented by counsel at the time the case goes
to trial, or as requested by the court, and copies shall be delivered then to
all opposing parties. Rule 27E shall control as to motion briefs.
8. PRESENTATION OF ORDERS, JUDGMENTS, DECREES AND
PAYMENT OF COSTS.
attorneys shall present orders, judgments and decrees to the court for
signature and execution.
(B) A dismissal
of any action or any part thereof shall provide for payment of costs or for a
judgment for the costs, and in the event neither of these provisions are made
in the dismissal, the clerk is hereby authorized and directed to enter a
judgment against the plaintiff for the costs involved.
(C) The clerk of
court shall not accept for filing, or permit the entry, of any satisfaction of
judgment unless the costs, including reporter's fees, are paid, unless
otherwise ordered by the court.
9. DEFAULT JUDGMENTS. Where default judgment is presented
to the court for failure of a party to appear either by himself or by an
attorney on his behalf, the attorney presenting the default judgment to the
court shall certify in writing that he has examined the docket and court file
and no attorney for the party has entered an appearance, nor has the party
entered an appearance, and that the return of service is on file. The judgment
entry should contain a finding that the attorney representing the party seeking
the default has so certified.
RULE NOS. 10-14 ARE
RESERVED FOR FUTURE RULE USE.
15. MISCELLANEOUS RULES FOR ALL COURT PROCEEDINGS.
- Court sessions shall be during
such periods as shall be fixed from time to time by order of the court.
- Whenever the court is to be
opened, the court attendant shall direct all persons in the courtroom to
rise and remain standing until the judge has entered the courtroom,
whereupon the court attendant, in an orderly and dignified manner, will
proclaims as follows: "The District Court of the State of Iowa in and
for ................ County is now open. The Honorable ...............
presiding." (See Note.)
- Attorneys, when addressing the
court, shall rise and all statements and communications by counsel to the
court shall be clearly and audibly made from the attorneys' table. Counsel
shall not be required to stand when objections are made to the
introduction of testimony.
- Attorneys will examine
witnesses from the counsel table, except while examining a witness with
respect to an exhibit.
- Attorneys shall be properly
attired when practicing their profession before the court.
- At the close of a session all
persons in the courtroom shall rise and remain standing until after the
judge has left the courtroom and the court attendant has announced that
court is adjourned.
- Every person, except officers
of the court, on entering the courtroom and while the court is in session
shall immediately be seated if a seat is available.
- The reading of newspapers and
magazines in the courtroom shall not be permitted while the court is in
session. No smoking shall be allowed in the courtroom during court
Note: Fifth Judicial District's Administrative Order
dated 7/12/89 states: Rule 15(2) is amended by striking in its entirety
"The District Court of the State of Iowa in and for ...............
County is now open. The Honorable ............... presiding" and in
lieu thereof substituting the following:
"The Iowa District Court in and for ...............
County is now open. The Honorable ............... presiding."
(Authority: Code Section 602.6101.)
16. COMPENSATION RATES.
(A) Guardian Ad
Litem Fees. Compensation for persons serving as Guardian Ad Litem shall be the
usual and customary charge for like services in the community as determined by
(1) Receivers shall, within sixty (60) days of
their appointment, file inventories of all property coming into their hands.
and receivers shall file verified reports of all receipts and disbursements at
the end of six months from their appointment, and annually thereafter.
fixing the compensation of assignees or of receivers shall be at all times
subject to modification, and shall in no case continue in force for more than
six months from and after the signing thereof when the matter shall again be
submitted to the court.
17. DUTY OF COUNSEL REGARDING TRIALS, CONTINUANCES AND
APPLICATIONS FOR TIME.
(A) Whenever a
case is assigned for trial in any division, it shall be the duty of counsel of
record to be prepared for trial on the assigned day or week. This includes
knowing of the availability of parties and witnesses and of any conflicting
assignments of other cases.
(B) Any ground
for continuance after assigned for trial shall be promptly asserted in a
written motion for continuance and then brought promptly to the attention of
the assistant court administrator and the assigned/presiding judge for an early
hearing thereon. The same procedure shall be followed in applications for time.
An application for time is one that seeks an extension of a time limit set by
district rules of practice, court orders, or otherwise set by law.
(C) Whenever a
case assigned for trial has been disposed of it shall be the duty of counsel of
record to so notify the assistant court administrator and assigned/presiding
18. SPECIAL PROVISIONS FOR PRETRIAL MATTERS IN CRIMINAL
CASES. Motions to dismiss based on Rules of Criminal Procedure 27,
the Code, or on the Sixth Amendment to the United States Constitution (speedy
trial) shall be filed when the grounds therefor arise.
19. CONTACT WITH JURORS AFTER
VERDICT. After a verdict has been rendered and while a juror is still
eligible for services on other cases, no juror sitting at the trial of that
case may be questioned, contacted or otherwise approached by any party, or by
such party's attorney, or the agent of either, except for good cause shown,
with notice to opposing counsel and upon order of the court. The existence of
this rule shall stand as good cause on an application for additional time for
the filing of post-trial motions.
20. ASSIGNMENT AND TRIAL OF CASES.
(A) Insofar as
practical, cases will be assigned and tried in the following order of priority:
(1) Criminal cases.
(2) Those entitled to priority under a statute.
(3) Those remanded for a new trial by the Supreme Court,
(4) Those which resulted in a mistrial at an earlier date.
(5) Those on clerk's trial certificate list.
(6) Other cases.
(B) Civil cases
shall be assigned as required by RCP 181.
(C) The assistant court administrator in Polk County may sign orders
setting date and time of hearings and trials in civil cases and in all other
counties the assistant court administrator may sign orders setting date and
time of hearings or trials in all cases, except in cases not permitted by law.
21. EX PARTE TEMPORARY
INJUNCTION. This rule is the general policy of the court and may be
waived when circumstances warrant. In cases other than family court cases, on
good cause shown and in accordance with Division XV of the Rules of Civil
Procedure, ex parte temporary injunctions may issue for a period up to three
days after service thereof on the party enjoined. The injunction or order shall
set out such time limit. Continuance of such temporary injunction may be
granted on good cause shown only after opportunity for hearing thereon is granted
the party enjoined.
22. FAMILY COURT.
(A) Family court
cases are those seeking dissolution or annulment of marriage, or separate
maintenance, and related matters.
(B) Evidence in
family court proceedings, whether contested or not, shall be taken in shorthand
by the official court reporter and made a part of the record. The court may
waive such reporting in dissolution proceedings involving no children, no
alimony and no real estate. If the reporting is transcribed, the reporter's fee
for transcribing shall be taxed as part of the costs of the case. The clerk
shall not pay for the cost of transcribing until the same is on file in the
otherwise ordered by the court, costs shall be paid on the filing of a decree
obtained by default. All such decrees shall be filed with the clerk within ten
(10) days of their signing (two days in Polk County) unless otherwise ordered
by the court.
(D) No decree
shall provide for the payment of attorney fees by a party to his own attorney.
When attorney fees are awarded the other party, judgment shall be in favor of
such party rather than the attorney.
proceedings to modify a final decree in such cases shall be under the original
file and will be commenced and thereafter proceed in the manner of an original
action, unless otherwise specifically ordered by the court.
(1) Hearings on modification of decrees shall
require twenty days notice with service of the application for modification and
the order for hearing served in the manner of an original notice.
(F) A judge
shall not sign a decree or order modifying a decree unless the attorney for the
prevailing party shall indicate at the bottom of such decree or order the addresses
of the petitioner and respondent and shall provide two conformed copies to the
clerk of court at the time of filing.
(G) The clerk
shall mail one copy of the decree or order to the petitioner and and one copy
to the respondent and shall endorse the date of mailing upon the signed
original decree or order. Such procedure applies whether the case has proceeded
by default or contest.
assistant court administrator may sign orders setting date and time of hearings
and trials in family court cases.
(1) Hearings for temporary orders and for
contempt matters shall be on a minimum of seven (7) days notice.
injunctions restraining the dispositions of property rights may issue without
bond in family court cases when the party seeking such injunction pleads facts
showing good cause therefor in the petition or in separate affidavits. Such
injunction shall not continue beyond the date of decree.
(J) Temporary injunctions
for any other reason than in (I) above may issue without bond in family court
cases when the party seeking such injunction pleads facts showing good cause
therefor in the petition or in separate affidavits. Proof of the necessary
facts may be made by witnesses or by affidavits setting forth the specific acts
or facts relied upon to prove the need.
(K) Attachments without
bond may issue in any pending action for dissolution only, and then only if
facts showing good cause therefor have been alleged in the petition or separate
affidavits. However, no garnishments shall issue in any such action against the
employer of either party without specific authorization from the court. Any
property taken by attachment or garnishment shall be disposed of pursuant to
section 598.15, the Code.
23. PHOTOGRAPHING, ETC. Photographing, televising,
videotaping, broadcasting or sound recording in connection with any judicial
proceeding is prohibited in the courtroom to the extent such prohibition does
not conflict with superseding rule(s) or order(s) of the Iowa Supreme Court or
statute. "Judicial Proceeding" as used herein means any trial,
hearing or grand jury session.
24. SMALL CLAIMS APPEALS. Every small claims case appealed to
district court shall include written findings of fact and conclusions of law
promulgated and filed in the case by the judge who presided at the hearing. The
electronic recording of the hearing shall be retained by the presiding judge
until the case is disposed of or unless requested by a district court judge.
THE FOLLOWING RULES ARE APPLICABLE
TO POLK COUNTY ONLY:
25. DIVISIONS OF THE COURT AND ASSIGNMENT OF JUDGES.
(A) There shall be four
divisions of the court as set out below. The assignment
of judges to the several divisions shall be made annually by the chief judge
and shall be concurred in by a majority of the judges.
Criminal Division - Three
judges, one of whom shall be designated Criminal Court #1.
General Trial Division -
Eight judges, one of whom shall be the Jury Panel Judge.
Family Court Division - Two
judges, one of whom shall be designated Family Court # 1.
Juvenile Division - One
(B) Each judge shall first
handle the cases in his assigned division and then be available to handle cases
in other divisions as assigned.
26. NOTICE OF PLACE OF HEARING OR
TRIAL. Any notice of a hearing or trial date, whether in the form
of an order or a notice, shall inform the other party or parties of the judge
before whom such case is set, and if none is known, then referring such party
or parties to the assistant court administrator, Room 415, Polk County
Courthouse, Des Moines, Iowa, for the name of such judge - all to the end that
an unrepresented party may have a reasonable opportunity to find the judge who
is to hear the case.
27. PRETRIAL MOTIONS.
(A) For purposes
of this rule, pretrial motions shall include all motions, special appearances,
applications, objections, resistances or other preliminary matters, however
denominated, and whether applicable to pleadings or discovery matters or to
other legal matters in a case, civil, criminal, equity or family court.
(B) Upon the
filing of any pretrial motion it shall be the duty of the clerk to note it in
the proper motion docket. Also see Rule 17B.
(C) Motion day
in the family court division shall be on Monday of each week at 9:00 A.M. If
such motion day falls on a day when court is not in session, then the next
succeeding judicial day shall be motion day for that week, at the same hour. A
copy of a motion or a request for a ruling in a family court case shall be
presented to family court judge #1 when the original is filed with the clerk.
(D) All civil
motions, as set out above, with the exception of the motions covered by Rule
17B, that have been on file for ten days or more, and which require a ruling or
attention of the court, shall be delivered by the clerk to the assigned judge.
If hearing has been requested in writing, or is required by law, the assigned
judge will set the motion for hearing and advise counsel of record of the date
and time of such hearing.
(E) The trial
court shall rule on all motions within thirty days after submission unless it
extends time for reasons stated of record. Submission means the Friday
following delivery of the motions to the judge or the date of hearing, if the
court has set a hearing date.
(F) All such
motions shall contain a citation of authorities relied upon by counsel in
support or resistance.
motions in criminal, probate and juvenile cases shall, immediately on their
filing, be assigned and delivered to criminal court # 1 or the juvenile judge
or the probate referee, as the case may be.
28. ASSIGNMENT OF CASES IN THE CRIMINAL, FAMILY COURT
AND JUVENILE DIVISIONS.
Court #1 shall be responsible for the assignment of criminal cases for trial.
(B) The Family
Court Judge #1 shall be responsible for the assignment of family court cases
(C) The Juvenile
Court Judge shall be responsible for the assignment of juvenile cases for
(D) These judges
may act through the assistant court administrator.
29. JOURNAL ENTRIES. It shall be sufficient for
the clerk of court to make only the following journal entries in jury trial
cases, law and criminal. The impaneling of the jury, the jury verdict and the
judgment entry; provided, however, in criminal cases the arraignment after
indictment or trial information shall be likewise journalized. Findings of fact
and conclusions of law which do not include a judgment or decree shall not be
journalized unless the judge so directs.
30. INDIVIDUAL ASSIGNMENT OF CASES--JURY AND NONJURY.
(A) The clerk
shall maintain a law assignment book in which will be listed the names of the
judges in general trial division on separate pages. At 4:00 P.M. on each
business day the designated staff member of the clerk's office shall assign all
law cases filed or transferred to law that day proportionately to the judges of
the general trial division in the manner directed by the chief judge; or his
designee, to the end that the assignment shall not be predictable. The date and
case number shall be listed by judge's name to whom the case is assigned. The
method and mechanics of such assignment shall in no manner be communicated to
any other person, except in descriptive terms.
On the following business
day the name of the judge assigned to a case shall be written on the court file
folder and on the docket page for that case.
(B) When a judge
leaves the general trial division the chief judge by written order shall
immediately notify the clerk of the name of the judge replacing him whose name
shall be substituted in the law assignment book immediately and on the file
folders and docket pages, and the assignment and handling of cases shall proceed
as before. A copy of such order shall be placed in the assignment book.
(C) When a judge
disqualifies himself from a law case he shall immediately notify the assistant
court administrator in writing with the reasons for such disqualification. The assistant
court administrator shall direct the clerk in writing to reassign such case to
another named judge.
(D) In those
cases of rotation where a judge residing outside of Polk County is serving in
Polk County and a judge of Polk County is serving outside of Polk County
correspondingly, the former shall replace the later during the tour of duty in
Polk County and the chief judge shall so notify the clerk in writing to make
such temporary substitution.
(E) When a judge
in the general trial division is off-duty for vacation or other causes, all
pretrial matters assigned to him shall accumulate until his return unless the
assistant court administrator finds there is need for earlier action thereon in
which case he shall specially assign such matter to another judge.
consolidated for trial shall be assigned to one of the several judges involved
by the assistant court administrator in writing.
(G) The judge to
whom each case is assigned, originally or by replacement as aforesaid, shall
thereafter be responsible for pretrial motions or other matters calling for
court action on such case, including continuances and pretrial conferences. The
same judge shall be assigned to the trial of such case unless the assistant
court administrator, acting under the chief judge, shall assign the trial to
another judge in the interest of reasonable efficiency in court administration.
The entry of defaults and default judgments or decrees are excepted from this
(H) The clerk
shall maintain an equity assignment book and an administrative appeal
assignment book in each of which will be listed names of the judges in the
general trial division on separate pages. Equity cases and petitions for
judicial review (administrative appeals) shall be assigned and listed in their
respective assignment books just as law cases are assigned and listed in the
law assignment book and all the other provisions of this rule applicable to law
cases shall be likewise applicable to equity and administrative appeal cases.
31. FAMILY COURT: RESPONSIBILITY OF FAMILY COURT
modification, annulment, separate maintenance, termination of parental rights,
adoption proceedings, child support recovery hearings, family court motions,
procedures for pretrial conferences and custody home studies and evaluations.
(A) The two
judges comprising the family court division shall be designated as Family Court
Judge #1 and Family Court Judge #2. The chief judge shall be responsible for
appointing judges to each of these positions. Family Court Judge #1 shall be
responsible for all motions, pretrial conferences and all contempt matters,
including child support recovery proceedings. Family Court Judge #2 shall be
responsible for trials of dissolution and modification proceedings. Both judges
shall be responsible for hearing all uncontested dissolution, modification,
termination of parental rights and adoption proceedings.
dissolution, modification, termination of parental rights and adoption
proceedings shall be heard between 8:00 A.M. and 9:00 A.M., or an hour each day
as designated by Family Court Judge #1, Monday through Friday. Such matters
shall not be heard at any other time.
dissolution and modification proceedings shall be heard each Tuesday, Wednesday
support recovery proceedings shall be heard each Wednesday and each Friday
between 9:00 A.M. and 12:00 noon. All other contempt proceedings shall be heard
as scheduled by the assistant court administrator.
(E) Motions for
temporary support, temporary attorney fees, temporary custody and for any other
relief shall be heard each Monday. Motions for temporary support and attorney
fees shall be heard informally on financial affidavits with attorneys and
clients present. Temporary custody matters shall also be heard informally.
(F) No contested
dissolution nor modification proceeding shall be heard until pretrial
conference procedures involving same shall have been completed. When a case is
ready for pretrial conference, the attorney or party initiating same shall
contact the assistant court administrator who in turn shall assign a date and
time for pretrial conference and shall forward the order for pretrial
conference to the attorney or party initiating same and to opposing counsel, if
there is one. If there is no opposing counsel, the attorney or party initiating
the pretrial conference shall be responsible for mailing to, or serving upon, the
opposing party the order for pretrial conference prior to the assigned time and
date. Once pretrial conference procedures have been completed to the
satisfaction of the judge conducting the pretrial conference, the assistant
court administrator shall assign the case for trial upon the order of said
dissolution nor modification proceeding involving custody shall be heard nor
shall a pretrial conference be held with regard to same unless a home study or
psychological evaluation has been completed and a report filed with the court.
The home study or psychological evaluation may be waived by Family Court Judge
#1 if said judge determines the same is not necessary. Family Court Judge #1
shall be responsible for maintaining a list of individuals with sufficient
personal experience, agencies, home study investigators, psychologists and any
other experts conversant with such matters from which list said judge may
choose the agency or person to conduct the home study or evaluation. The study
or evaluation shall be under the supervision and direction of the court and the
responsibility for the cost of same shall be determined by Family Court Judge
#1 at the time the order designating the individual or agency to conduct the
home study or evaluation is entered, and the same shall be a part of the order.
The attorney or party raising the custody issue shall immediately notify the
opposing party and Family Court Judge #1 for the purpose of initiating the home
study or evaluation. Once the home study or evaluation is completed and a
report has been filed with the court, the attorney or party initiating same
shall secure a date and time for pretrial conference from the assistant court
administrator, who then shall proceed to send out the order for pretrial conference.
temporary injunctions issued pursuant to Rules 22(l) and 22(J) shall remain in
force and effect only for a period of seven days after the service thereof on
the party enjoined, unless otherwise ordered by the court. The injunction or order
so served shall indicate this seven-day limit. A subsequent injunction may be
obtained for good cause, but not ex parte, upon written application setting
forth the specific acts and facts relied on to prove the need therefore.
THE FOLLOWING RULES PERTAIN TO
1. PAYMENT OF COSTS. No order approving any annual
report or final order of discharge of any fiduciary shall be filed until the
court costs are paid in full, unless otherwise ordered by the court.
2. COMPENSATION RATES.
and attorneys. See Rule #2 of the Supreme Court Rules of Probate Procedure.
compensation to be allowed to appraisers, brokers and other agents employed at
the expense of the estate shall be the standard and customary fees for such
services in the county where such proceeding is pending, unless otherwise
ordered by the court on good cause shown.
3. MINORS AND PARENTS
SETTLEMENT. In personal injury actions where a conservatorship is opened
for approval of a settlement agreement and there is a claim on behalf of a
minor and parent(s) of said minor, said settlement agreement shall not be
approved without a disclosure of the amount reserved by the parent(s).
4. REFEREE IN PROBATE.
(A) Counties other
- Unless otherwise provided, in
counties of the Fifth Judicial District, other than Polk County, the
clerks of the respective district court, pursuant to section 633.20, Code
of Iowa, are appointed referee in probate, performing the functions and
making such reports as required by Rule 4 and 4.1 of the Supreme Court
Uniform Rules of Probate Practice.
- A fee of $2.00 shall be charged
for issuing the certificate required by Supreme Court Rule 4, such amount
to be taxed as part of the court costs in said probate proceedings.
(B) Polk County.
- The referee in probate for Polk
County appointed by the district court pursuant to section 633.20 of the
Code is determined by the court to be qualified to serve as a master and
shall have the power and perform all duties required of masters appointed
by the court in civil actions (R.C.P. 207-214). In addition to the powers
and duties of the referee in probate prescribed by Rule 4 and 4.1 of the
Uniform Rules of Probate Practice, the Polk County referee in probate
shall have the authority to sign, on behalf of the court, the following
- Orders setting time and place
of hearing to be held before the referee.
- Orders appointing guardian ad
- Orders admitting will to
probate when not contested and orders for appointment of executor
including fixing bond, if any.
- Orders granting administration
of estate and appointing an administrator, including determination as to
the necessity of bond and the amount.
- Orders approving annual or
interim reports in trusts, and conservatorships and orders approving
interlocutory and interim reports in estates.
- Orders relating to the
disposition of personal property in estates, trusts and conservatorships,
when not contested.
- Orders for appointment of
guardians and conservators of minors, unless contested.
- Orders for appointment of
guardians and conservators of adults on voluntary petitions, and on
involuntary petitions where uncontested.
- Orders setting fees for
ordinary services for personal representatives and fees for extraordinary
services where notice has been waived by all interested persons.
- Orders for fees for trustees,
guardians and conservators.
- Orders on sale, mortgage,
pledge, lease, or exchange of real property where notice has been waived
by all interested persons.
- Orders establishing trusts and
appointing trustees, setting amount of bond, if any.
- All other orders of a routine
or interim nature.
- Additionally, the Polk County
referee in probate shall perform such duties as shall be required of the
referee by the court.
- The referee shall be in
attendance at the court each court day from 8:00 A.M. to 12:00 noon and
from 1:30 P.M. to 4:30 P.M. or to such time as the office of the clerk of
this court shall remain open.
- There shall be taxed as a part
of the court costs in each probate proceeding and in each trust the
following scheduled fees to be based on the value of the property therein,
including real estate, to-wit:
- Estates and Conservatorships
the value of the estate is under $3,000..........................................................
the value of the estate is between $3,001 and
$5,000................................... $ 15.00
the value of the estate is between $5,001 and
$15,000................................. $ 25.00
the value of the estate is between $15,001 and
$25,000............................... $ 30.00
the value of the estate is between $25,001 and
$35,000............................... $ 40.00
the value of the estate is between $35,001 and
$50,000............................... $ 50.00
the value of the estate is between $50,001 and
$60,000............................... $ 60.00
the value of the estate is between $60,001 and
$75,000............................... $ 70.00
the value of the estate is between $75,001 and
$100,000............................. $ 80.00
the value of the estate is between $100,001and
each additional $25,000 or major fraction thereof................................................
- In all of the proceedings
hereinbefore mentioned the fees above provided and prescribed shall be
paid into the office of the clerk of district court as part of the costs
in each proceeding.
- Any excess of fees remaining,
after the payment of the annual compensation of the referee and his/her
assistant, and such other expenses as are approved by order of the court,
shall be and become the property of Polk County, Iowa.
THE FOLLOWING RULES PERTAIN TO THE
DISTRICT ASSOCIATE COURT - POLK COUNTY:
Associate Court is divided into the following divisions: small claims,
criminal, traffic and general assignment.
district associate judge or a magistrate sitting in district associate court
may handle any case assigned to district associate court even though the
district associate judge is specifically assigned to a particular division.
district associate judge shall handle the cases he or she is specifically
assigned. When available, each judge shall hear other
cases assigned by the chief judge of the district associate court or his
counting time for appeals and jury demands and other court actions, you must
exclude the first day and include the last day.
appeal shall be accepted if not filed within the time prescribed by law and all
costs are paid.
as otherwise provided in these rules, district associate court shall be in
session 8:30 A.M. to 4:30 P.M. Monday through Friday.
NOS. 107-110 ARE RESERVED FOR FUTURE RULE USE.
litigant in a small claims action shall report fifteen minutes prior to the
time set for hearing. A default judgment shall be entered against a litigant
who fails to appear when their case is called with no response.
small claims action shall be continued upon the motion of one side. No motion
for continuance will be granted unless made four calendar days prior to the
time set for hearing, or unless by agreement of the parties or otherwise
ordered by the court. The party asking for a continuance must immediately
notify the opposing party.
judge or magistrate shall not change an order or judgment of another judge or
magistrate without the latter's written permission.
in small claims shall be informal without regard to technicalities.
are no motions in small claims actions, unless approved by a district associate
judge or magistrate.
litigant or attorney in a small claims action shall keep apprised of their case
until final conclusion.
a small claims action is settled, dismissed, or disposed of, it shall be the
duty of the litigant or their attorney to apprise the clerk of court, small
claims office, of the settlement or disposition of the action. Payment of costs
must be made before a case is considered completed. No judgment shall be
entered in a small claims action until all costs are paid.
in small claims court shall be set for trial as follows: 9:00 A.M., 10:00 A.M.,
1:30 P.M., 2:30 P.M., and 3:00 P.M. Monday through Friday.
upon the number of judges available to hear small claims actions, the
assignment shall be as follows: Three cases for one judge, five cases for two
judges, eight cases for three judges, and eleven cases for four judges per time
forcible entry and detainer (FE&D) action may be scheduled for the first
four time settings of the day in addition to the normal small claims hearings.
At the 3:00 P.M. time setting, five FE&Ds may be scheduled per judge
small claims trial shall be electronically recorded. The recording shall be
retained by the judge hearing the trial for ten (10) days past the deadline for
filing an appeal, after which time said recording may be erased.
small claims action appealed to district court shall include a written findings
of fact and conclusions of law promulgated by the judge who presided at the
hearing. The electronic recording of the hearing shall be retained by the
presiding judge unless requested by a district court judge.
neither the plaintiff nor the defendant appears in a small claims action and
there is a verification of account on file by the plaintiff, judgment shall be
entered in favor of the plaintiff.
the filing of a notice of appeal of a small claims action, the Clerk of Court,
Small Claims Office, shall immediately notify the judge whose case was
NOS. 124-130 ARE RESERVED FOR FUTURE RULE USE.
arraignments shall take place at 8:30 A.M. in a place designated by the Chief
Judge of the Fifth Judicial District or the Chief Criminal Judge, Criminal
Court No. 1.
the time of the arraignment as stated in Rule 131, the judge must apprise all
defendants as follows:
- You are entitled to be
represented by an attorney. If you qualify with
an affidavit as being unable to afford an attorney, you will be
appointed an attorney at taxpayers' expense.
- A reasonable bail will be
set. A person from the Pretrial Release Office will interview you if you
qualify for release from jail.
- If you are not released from
jail within twenty-four hours, you will be entitled to a bond review.
- Any statements made by you
may be held against you in a court of law.
- You will be asked to plead
guilty or not guilty.
- There are no court-appointed
attorneys for simple misdemeanors, unless there is a likelihood the
defendant will go to jail.
- If you plead guilty, a fine
will be assessed. When you plead guilty, you waive all your rights under
federal and state laws as well as the federal and state constitutions.
- If you plead not guilty, a
trial date will be set. If you wish a jury trial, you must make that
demand orally or in writing ten (10) calendar days prior to the date set
for the original trial.
in simple misdemeanor cases will start promptly at 10:00 A.M. Monday through
on simple misdemeanors and preliminary informations will be at 1:30 P.M. Monday
through Friday, unless otherwise designated by court order.
of the defendants who are held in jail shall be at 8:30 A.M. every day of the
week, including Saturday and Sunday.
arraignments on serious and aggravated misdemeanors shall be held at 8:30 A.M.
Monday through Friday before the general assignment judge.
motion for continuance on a criminal charge will be granted unless made four
(4) calendar days prior to the trial, or upon written application of either
party or agreement of the parties, or unless otherwise ordered by the court.
The party requesting the continuance must immediately notify the opposing
NOS. 138-140 ARE RESERVED FOR FUTURE RULE USE.
trials and hearings in traffic court shall be scheduled to begin at 9:00 A.M.
and 1:30 P.M. Monday through Friday.
court shall first call the cases for first appearance and then proceed to the
trials to the court.
the beginning of each court session, the traffic court judge shall explain the
defendant's rights as follows:
attorneys are appointed to represent defendants in traffic violations.
a plea of not guilty, a trial date will be set. If the defendant desires a jury
trial, the defendant must make that demand orally or in writing ten (10)
calendar days prior to the date set for the original trial.
request for continuances will be granted unless made four (4) calendar days
prior to the time set for hearing. The party requesting a continuance must
immediately notify the opposing party.
attached rules of practice - Fifth Judicial District of Iowa - as amended to
February 1, 1986, are hereby adopted.
LOUIS A. LAVORATO, CHIEF JUDGE
Fifth Judicial District of Iowa
Rules Nos. 10-14
are Reserved for Future Rule Use
Rule Nos. 107-110,
124-130 and 138-140 are Reserved for Future Rule Use