THE DISTRICT COURT OF IOWA FIFTH JUDICIAL DISTRICT

THE DISTRICT COURT OF IOWA FIFTH JUDICIAL DISTRICT
RULES OF PRACTICE AND ADMINISTRATION

(Last updated 1986)

These Rules of Practice and Administration are adopted by the authority of IRCP 372 and 373, IRCrP 29 and the inherent authority of the Court.

Rules 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.

These 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.

Rules 101 and following pertain to the District Associate Court in Polk County.

These 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.

RULE 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 in probate.

RULE 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.

RULE 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.

RULE 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.

RULE 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.

RULE 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.

RULE 8. PRESENTATION OF ORDERS, JUDGMENTS, DECREES AND PAYMENT OF COSTS.

(A) Only 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.

RULE 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.

RULE 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 sessions.

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.)

RULES 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 the court.

(B) Assignees and Receivers.

(1) Receivers shall, within sixty (60) days of their appointment, file inventories of all property coming into their hands.

(2) Assignees and receivers shall file verified reports of all receipts and disbursements at the end of six months from their appointment, and annually thereafter.

(3) Orders 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.

RULE 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 judge promptly.

RULE 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.

RULE 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.

RULE 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.

RULE 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.

RULE 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 case.

(C) Unless 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.

(E) All 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.

(H) The 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.

(I) Temporary 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.

RULE 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.

RULE 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:

RULE 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 Associate Judge.

(B) Each judge shall first handle the cases in his assigned division and then be available to handle cases in other divisions as assigned.

RULE 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.

RULE 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.

(G) Pretrial 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.

RULE 28. ASSIGNMENT OF CASES IN THE CRIMINAL, FAMILY COURT AND JUVENILE DIVISIONS.

(A) Criminal 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 for trial.

(D) These judges may act through the assistant court administrator.

RULE 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.

RULE 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.

(F) Cases 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 paragraph.

(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.

RULE 31. FAMILY COURT: RESPONSIBILITY OF FAMILY COURT JUDGES. Dissolution, 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.

(B) Uncontested 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.

(D) Child 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 judge.

(G) No 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.

(H) All 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 PROBATE:

RULE 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.

RULE 2. COMPENSATION RATES.

(A) Fiduciaries and attorneys. See Rule #2 of the Supreme Court Rules of Probate Procedure.

(B) The 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.

RULE 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).

RULE 4. REFEREE IN PROBATE.

(A) Counties other than Polk.

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 probate orders:

Orders setting time and place of hearing to be held before the referee.
Orders appointing guardian ad litem.
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

Where the value of the estate is under $3,000.......................................................... No fee

Where the value of the estate is between $3,001 and $5,000................................... $ 15.00

Where the value of the estate is between $5,001 and $15,000................................. $ 25.00

Where the value of the estate is between $15,001 and $25,000............................... $ 30.00

Where the value of the estate is between $25,001 and $35,000............................... $ 40.00

Where the value of the estate is between $35,001 and $50,000............................... $ 50.00

Where the value of the estate is between $50,001 and $60,000............................... $ 60.00

Where the value of the estate is between $60,001 and $75,000............................... $ 70.00

Where the value of the estate is between $75,001 and $100,000............................. $ 80.00

Where the value of the estate is between $100,001and $150,000............................. $105.00

For each additional $25,000 or major fraction thereof................................................ $ 30.00

Trusts.

For each annual report............................................................................................$ 15.00

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:

RULE 101. District Associate Court is divided into the following divisions: small claims, criminal, traffic and general assignment.

RULE 102. A 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.

RULE 103. Each 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 designee.

RULE 104. In counting time for appeals and jury demands and other court actions, you must exclude the first day and include the last day.

RULE 105. No appeal shall be accepted if not filed within the time prescribed by law and all costs are paid.

RULE 106. Except 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.

RULES NOS. 107-110 ARE RESERVED FOR FUTURE RULE USE.

SMALL CLAIMS

RULE 111. Every 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.

RULE 112. No 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.

RULE 113. A judge or magistrate shall not change an order or judgment of another judge or magistrate without the latter's written permission.

RULE 114. Trials in small claims shall be informal without regard to technicalities.

RULE 115. There are no motions in small claims actions, unless approved by a district associate judge or magistrate.

RULE 116. Every litigant or attorney in a small claims action shall keep apprised of their case until final conclusion.

RULE 117. Whenever 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.

RULE 118. Cases 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.

RULE 119. Depending 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 period.

One 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 available.

RULE 120. Every 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.

RULE 121. Every 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.

RULE 122. If 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.

RULE 123. Upon 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 appealed.

RULE NOS. 124-130 ARE RESERVED FOR FUTURE RULE USE.

CRIMINAL

RULE 131. All 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.

RULE 132. At the time of the arraignment as stated in Rule 131, the judge must apprise all defendants as follows:

E. Indictable Offense.

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.

F. Simple Misdemeanor.

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.

RULE 133. Trials in simple misdemeanor cases will start promptly at 10:00 A.M. Monday through Friday.

RULE 134. Arraignments on simple misdemeanors and preliminary informations will be at 1:30 P.M. Monday through Friday, unless otherwise designated by court order.

RULE 135. Arraignments of the defendants who are held in jail shall be at 8:30 A.M. every day of the week, including Saturday and Sunday.

RULE 136. Formal arraignments on serious and aggravated misdemeanors shall be held at 8:30 A.M. Monday through Friday before the general assignment judge.

RULE 137. No 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 party.

RULE NOS. 138-140 ARE RESERVED FOR FUTURE RULE USE.

TRAFFIC

RULE 141. All trials and hearings in traffic court shall be scheduled to begin at 9:00 A.M. and 1:30 P.M. Monday through Friday.

RULE 142. The court shall first call the cases for first appearance and then proceed to the trials to the court.

RULE 143. At the beginning of each court session, the traffic court judge shall explain the defendant's rights as follows:

7. No attorneys are appointed to represent defendants in traffic violations.

8. On 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.

RULE 144. No 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.

The 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