RULES OF PRACTICE AND PROCEDURE
THIRD JUDICIAL DISTRICT OF IOWA

(Version:  September 7, 2007)

Rule 1.1 - Filing and Publication of Rules.
     All rules of practice and procedure and subsequent amendments thereto shall be filed in the office of the Clerks in and for each county in the judicial district for distribution to the Bar and the public. Copies of said rules and subsequent amendments thereto shall also be sent to the Clerk of the Supreme Court of Iowa.

Rule 2.1 - Time limitations on hearings -Adopted May 7, 2004.                     A hearing on any matter which is set on a motion day shall not exceed one hour in length.  Attorneys who anticipate that a hearing on a matter will exceed one hour in length shall contact the court administrator and secure a hearing date other than a motion day.

Rule 2.2 - Change of Venue.
     Except for changes of venue ordered pursuant to R.C.P. 1.808, prior to the entry of any order changing venue to or within the Third Judicial District, the district court administrator of this judicial district shall first be consulted by the transferring judge.

Rule 2.3 - Negotiation Deadlines.
     The Chief Judge, Presiding or Assignment Judge or Court Administrator may establish settlement and plea negotiation deadlines for civil and criminal cases. The Court may permit such deadlines to be violated only for good cause shown, but then may impose appropriate sanctions.

Rule 2.4 - Pretrial Procedure in Civil Cases.
     Unless otherwise ordered by the Court in individual cases, the following pretrial procedure shall apply to all civil cases. Any failure to comply with this rule may result in imposition of appropriate sanctions.

1. Order of Trial. Civil cases shall advance for trial in the order stated in the trial assignment. Counsel may call the office of the Court Administrator for information as to the status of prior cases. If any case is not reached for trial on the date when it is assigned, it is continued to a date to be set by the Court or the Court Administrator.
2. Notice of Settlement. If a case is settled after it has been assigned for trial, the plaintiff's attorney shall immediately notify the Court Administrator by telephone.
3. Stipulation and Settlement Conference. Counsel for all parties shall meet and conduct a stipulation and settlement conference. In jury cases the conference shall begin no later than 1:30 p.m. on the Thursday before trial, and in non-jury cases the conference shall begin no later than 1:30 p.m. on the day before trial. The conference shall be at the county courthouse where the case is pending, unless otherwise agreed by the parties or ordered by the Court. Each party shall be represented by an attorney who will participate in the trial and who has settlement authority and authority to make stipulations.
4. Stipulations. At the stipulation and settlement conference, counsel for the parties shall prepare and sign a stipulation as to all relevant facts that are not genuinely in dispute.
5. Damages. At the stipulation and settlement conference, counsel for each party shall disclose the proof of any special damages claimed by such party. Stipulation as to items of special damages is encouraged.
6. Exhibits. All exhibits, except those for rebuttal or impeachment, shall be produced for inspection by opposing counsel at the stipulation and settlement conference. Counsel for the parties shall prepare and sign a list of the exhibits that party intends to offer, other than for rebuttal or impeachment. With respect to each exhibit, the list shall state whether the exhibit will be admitted without objection and, if not, whether proof of foundational elements will be waived. Sanctions for failure to comply with this paragraph may include, but are not limited to, exclusion of evidence.
7. Settlement Negotiations. Counsel for all parties shall make a good faith effort to settle each case at or before the stipulation and settlement conference. At the time of the stipulation and settlement conference the parties shall be available in person or by telephone for the purpose of making and responding to settlement offers. Settlement deadlines may be established in individual cases pursuant to Local Rule 2.3.
8. Motions in Limine. All motions in limine shall be served and filed no later than the Friday before the trial. If a motion in limine is served within seven days before the trial, a copy of the motion shall be promptly mailed or delivered to the judge who will preside at the trial or, in Woodbury County, to the presiding civil judge.

Rule 2.5 - Trial in Civil Cases.
     Unless otherwise ordered by the court in individual cases, the following procedure shall apply to all civil trials. Any failure to comply with this rule may result in imposition of appropriate sanctions.

1. Trial Briefs. Trial briefs may be submitted to the court at any time before or during trial; such briefs shall be simultaneously served on all opposing parties.
2. Voir Dire. Counsel shall not examine any prospective juror upon any matter relating to insurance without prior approval of the Court.
3. Jury Instructions. Any party who wishes the Court to instruct the jury on any subject, shall prepare proposed jury instructions. Uniform jury instructions may be requested by number. At or before the conclusion of the evidence, or earlier as ordered by the trial judge, each party shall file all proposed jury instructions with the Court and present copies to opposing counsel. Each proposed instruction shall include citations to authority which supports the instruction. (Amended May 7, 2004)

Rule 2.6 - Numbering of Exhibits in Civil and Criminal Cases.      [5/1/96]

1. All parties in any civil or criminal case shall use numbers in marking their exhibits. Letters shall not be used, either alone or in combination with numbers. If not otherwise agreed by the parties or ordered by the court, the plaintiff shall use numbers beginning with "1" and the defendant shall use numbers beginning with "101".
2. In civil cases the parties shall, if reasonably possible, agree upon a numbering system before the first deposition and use the same exhibit numbers consistently throughout the depositions and the trial. An exhibit may be remarked at the trial to show the party who intends to offer it in evidence, but it shall retain the same number.

Rule 3.1 - Conduct in the Courtroom.
     Every person attending a session of court shall be seated and conduct him or herself in a quiet and orderly manner. All persons attending a court session shall remain in the public seating area behind the bar, except court personnel, members of the bar, and participants in the court proceedings.
     No person shall bring into the courtroom while court is in session any sign, placard or firearm or other deadly weapon, except with permission of the Court.

     No person shall read newspapers, magazines or books, nor consume food or beverages in the courtroom while court is in session.
     No person shall approach the judge's bench while court is in session, except with permission of the judge.
     Smoking is prohibited in courtrooms at all times.

Rule 3.2 - Counsel in Court .
     Counsel engaged in proceedings in open court shall be properly attired. It shall be the responsibility of the attorneys to see that their parties and witnesses attend the court in suitable attire.
    Unless otherwise directed by the Court, counsel shall remain seated at the counsel table while examining witnesses, except that counsel may stand and leave the counsel table while examining a witness with respect to an exhibit or addressing a jury, and shall stand while arguing matters to the Court, remaining at a reasonable distance from the bench.
     During, immediately preceding, or immediately following any trial or hearing, whether at recess or otherwise, counsel shall not enter the court chambers, except with the consent of the Court. The Court expects all counsel to appear promptly at the scheduled time for presentation of all matters.
     The Court and Court Administrator should be promptly advised when any assigned matted is settled or otherwise disposed of, or when counsel will not for any reason be present at the scheduled time.  (Amended May 7, 2004)

Rule 3.3 - Clear Access.

     All approaches to courtrooms, court offices, law libraries, and other rooms within the courthouse used by judges, court personnel, litigants, witnesses or jurors, shall be kept clear at all times during courthouse business hours for the purpose of affording such persons free and uninhibited ingress and egress.

Rule 4.1 - Clerk's Duties

1. Upon the filing in any case of any order, ruling, decision or judgment, the Clerk of Court shall forthwith prepare and distribute copies thereof to all counsel of record in the case and to all parties in the case who appear pro se, and if the document filed is a decree of dissolution of marriage suit or a modification of a decree of dissolution, the Clerk shall distribute copies thereof to the parties, whether or not they have appeared. The Clerk shall evidence compliance with this rule by endorsing on the original of the filed document the identity of the parties to whom distribution was made and the date of distribution.
2. Every motion, except a motion for summary judgment, that has been pending for 14 days, together with the corresponding file and calendar sheet, shall be presented by the Clerk of Court at the next regular Motion Day of the judge's consideration.
3. Every motion, affecting a case on the trial assignment, shall be copied by the Clerk and promptly mailed to the presiding judge if the judge is in another county. If the judge is present, the Clerk shall promptly present the motion and corresponding file to the judge for the judge's consideration.
4. Every resistance or response to a Trial Certificate, together with the corresponding file and calendar sheet, will be presented by the Clerk to the Court at the next regular Court Day for the judge's consideration.
5. Rescinded effective 2/1/85.
6. Each appeal from a judgment of conviction by either a judicial magistrate or a district associate judge in a nonindictable offense will be presented by the Clerk to the Court for consideration on the first regularly scheduled Court Day after the filing or expiration of the time for filing of the appellee's brief (see R.Cr.P. 2.73).
7. Each appeal from a judgment of conviction by a nonlawyer magistrate will be presented by the Clerk to the Court at the next regularly scheduled Court Day after the filing of the appeal for the entry of a trial date. If, within seven days after taking an appeal, the appellant files with the Clerk of the District Court and serves on appellee a demand for appeal on the records and briefs only, the appeal shall proceed and judgment shall be entered in the manner prescribed in subsection 6 of this rule (see R.Cr.P. 2.73).
8. When a motion for a summary judgment is filed pursuant to R.C.P. 1.981, the hearing is set for the next motion day which is at least twenty days after the filing. The Clerk shall fix the time and date set for hearing and serve notice thereof upon all counsel of record in the case, and upon any party appearing pro se. The notice shall set out Rule 5.1.
9. Upon filing of the original or certified copy of the record in a Chapter 17A case (i.e., judicial review), the Clerk shall present the court file to the Court at the next regularly scheduled Court Day for entry of any appropriate orders.
10. Only R.C.P. 1.944 notice shall be given by the Clerk in a case, except in the following instances:
1. Cases pending on appeal from a court of record to a higher court or under order of submission to the court;
2. Cases in which proceedings subsequent to judgment or decree are pending;
3. Cases which have been stayed pursuant to the Service Members Civil Relief Act [40 Stat.L 440; now covered by 50 App. USC § 501 et seq.];
4. Cases where a party is paying a claim pursuant to written stipulation on file or court order; and,
5. Cases awaiting the action of a referee, master or other court appointed officer.

     A case previously continued to avoid dismissal for a reason other than those specified above is dismissed without further notice after the time to which it has been continued has expired, upon which expiration the Clerk shall note the dismissal in the file and enter a judgment for costs against the plaintiffs.      

     11. The Clerk of Court, or an employee of that office, will be available to the      Court unless otherwise excused by the Court.

12. Except in Woodbury County, ex parte orders may be left with the office of the Clerk of Court for presentation to the Court, and the Clerk shall present such orders to the Court at the next regular Court Day.
13. In Woodbury County, all applications and ex parte orders may be left with the Court Administrator for presentation to the court.

Rule 4.2 - Withdrawal of Court Files.
     Court files, and exhibits received into evidence in any trial, shall not be removed from the custody of the safekeeping official except by order of the Court; provided, however, lawyers of this judicial district, other lawyers authorized by the Clerk, and authorized representatives of abstract companies situated within the affected county, may withdraw court files for temporary use in cases in which they are interested without court order for a period not to exceed 10 days, upon filing receipt therefore. All withdrawn files and exhibits are subject to immediate return upon call of the Clerk, Court Administrator, or any judge and, in all events, files shall be returned to the Clerk not less than 48 hours prior to the commencement of any hearing or trial in the case.
     The Clerks of Court shall be responsible for enforcing this rule; provided, however, the Clerks are authorized to refused the privilege of file withdrawal to any person, subject to review by the Court.

Rule 4.3 - Drawing of Jurors.
     The Clerk shall, per 607A.35, Code of Iowa, summon a sufficient number of jurors and, if necessary, shall consult with the trial judge to determine what constitutes a sufficient number for each case being tried.

     This rule will constitute a general standing order in each county for summoning petit 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 5.1 - Oral Argument on Motion for Summary Judgment .
     Unless otherwise ordered by the court, oral argument on a motion for summary judgment shall be limited to a ten-minute argument in support of the motion, a ten-minute argument in resistance to the motion and a three-minute reply argument in support of the motion.

Rule 5.2 - Motions for Discovery - Rescinded effective 2/1/85.

Rule 5.3 - Supporting Statements.
     Every motion and every resistance to a motion predicated upon a provision of the United States Constitution or Iowa Constitution or a statute or Rule of Civil Procedure or Rule of Criminal Procedure shall cite the Constitutional provision or statute or Rule of Civil Procedure or Rule of Criminal Procedure in the body thereof. In addition, there shall be appended to or included in every motion and every resistance to a motion a concise written statement of the reasons in support of or in opposition to the motion and a citation of authorities relied upon.

Rule 5.4 - Filing Modifications.
     All proceedings to modify a final decree in a dissolution of marriage or separate maintenance action may be filed under the original file, but shall be commenced, have notice served in the matter of an original action, and thereafter proceed in the manner of an original action, including time to appear, move and plead, and the filing of a trial certificate.

Rule 5.5 - Application of Minors to Marry.
     In addition to the written certificate of consent of the parent or guardian of applicants for marriage licenses by persons 16 or 17 years of age, as set out in the Iowa Code Section 595.2, the applicant shall attach a written statement of a qualified person who has counseled with the minor regarding the responsibilities of marriage. The statement shall indicate if the minor is capable of assuming the marriage responsibilities and whether the proposed marriage will serve the best interest of the minor. The certificate of consent and the attached written statement shall be presented by the County Registrar to the Court for consideration on a regular Court Day.

Rule 5.6 - Fee of Guardian Ad Litem.
     Rescinded effective 3/5/99

Rule 6.1 - Inheritance Tax Appraiser.
     Inheritance tax appraisers shall be compensated on the basis of the following scale:

Total Value of Property Appraised   $0 to   $50,000 $50,000 to $100,000 $100,000 to $200,000 $200,000 to $250,000 $250,000 to $300,000 $300,000 to $500,000 Over $500,000

Fee to Each Appraiser   $  35.00 $  45.00 $  50.00 $  55.00 $  60.00 $  80.00 $ 100.00

and each appraiser providing transportation to him or herself or to him or herself and one or more other appraisers shall be compensated at the prevailing state rate for mileage for each mile actually and necessarily traveled in making such appraisal. In addition to the fee allowed herein, the appraiser serving as chairperson or clerk may charge for postage and up to $15.00 for services in preparing and mailing notices of appraisement. In extraordinary cases the Court may allow additional fees upon written application showing that the fees provided in the above schedule are grossly inadequate.

Rule 6.2 - Compensation of Other Appraisers.
Other appraisers shall be compensated at the rate of $25.00 per day, or fraction thereof, unless otherwise ordered by the Court, and any appraiser providing transportation to him or herself or to him or herself and one or more other appraisers shall be compensated at the prevailing state rate for mileage for each mile actually and necessarily traveled in making such appraisal.

Rule 6.3 - Employment and Compensation for Brokers and Agents.
     All proposals for the employment and compensation of real estate brokers, auctioneers, agents for investments, agents to manage real estate, and other agents and employees in probate matters shall be submitted to and approved by the Court prior to employment.

     Compensation shall be approved and allowed in a reasonable amount, not exceeding, however, the customary fee paid for the performance of such services in the community in which the services are performed.

Rule 6.4 - Fee for Attorneys Appointed Pursuant to Section 633.118.
     Rescinded effective 3/5/99

Rule 6.5 - Letters of Guardianship.
     Letters of guardianship of the person only shall not be issued in any case until probate fees have been paid in advance, unless otherwise order by the Court.

Rule 6.6 - Bond in Probate Matters.
     In all probate matters where the only asset is an unliquidated claim, the fiduciary appointed by the court must post bond.

Ruled 6.7 - Referees in Probate. 

1. In each decedent's estate, the referee in probate shall issue a report pursuant to Rules 7.5 and 7.11 of the Iowa Rules of Probate Procedure upon request by the court at any time or upon request by the attorney for the executor or administrator after the filing of the final report.
2. Every proposed order closing a decedent's estate shall be accompanied by a report of the referee in probate when the proposed order is presented to the court.
3. Each referee shall receive a fee based on the total real and personal property shown by the inventory in the estate in accordance with the following schedule:

Total Assets Inventoried  $0.00 to    $5,000.00 $5,000.01 to   $15,000.00 $15,000.01 to   $25,000.00 $25,000.01 to   $50,000.00 $50,000.01 to   $75,000.00 $75,000.01 to  $100,000.00 $100,000.01 to  $200,000.00 $200,000.01 to  $250,000.00 $250,000.01 or more

Fee   $ 10.00 $ 20.00 $ 22.50 $ 25.00 $ 35.00 $ 50.00 $ 75.00 $100.00 $125.00

Rule 7.1 - Court Appointed Counsel.  Rescinded Nov. 21, 2003
     

Rule 7.2 - Withdrawal of Attorney.
     Any withdrawal by an attorney in any cause shall be in accordance with Ethical Consideration 2-34 and Disciplinary Rule 2-110 of the Iowa Code of Professional Responsibility for Lawyers. No attorney shall withdraw except on application to and permission of the Court. Unless an appearance of another attorney representing the party is on file, hearing on application to withdraw shall ordinarily be required, with adequate notice of such hearing to be given to all concerned in the cause.

Rule 8.1 - Blood Tests.
     In all pending actions where the issue of paternity is in dispute, a Rule 1.602 pretrial conference shall be scheduled by the Court Administrator after the filing of a Trial Certificate. At least five (5) days prior to the pretrial conference, each party shall file a statement regarding the status of blood tests of the parties and the minor child(ren) affected. This statement filed shall address all matters contained in Section 600B.41 Iowa Code.

Rule 9.1 - Forfeiture of Collateral in Lieu of Appearance.
     The Court is authorized to use the procedure described in R.Cr.P. 2.72 in the case of any prosecution brought for violation of any of the following statutes: (1) the miscellaneous prohibitions provision contained in Section 123.49 Iowa Code; (2) public intoxication in violation of Section 123.46, Iowa Code; (3) simple misdemeanor assault in violation of Section 708.1 and Section 708.2(4), Iowa Code; (4) theft in the fifth degree in violation of Section 714.2(5), Iowa Code; (5) criminal mischief in the fifth degree in violation of Section 716.1 and Section 716.6, Iowa Code; (6) criminal trespass in violation of Section 716.7 and Section 716.8(1), Iowa Code; (7) interference with official acts in violation of Section 719.1, Iowa Code; and (8) disorderly conduct in violation of Section 723.4, Iowa Code.

Rule 10.1 - Child Support.
     No final decree shall be entered pertaining to child support if a party is receiving assistance through the Department of Human Services unless:

1. The amount fixed for child support equals or exceeds the amount which would result from application of the child support guidelines adopted by the Supreme Court of Iowa, or
2. The Child Support Recovery Unit has, in writing, waived notice of the hearing on the final decree, or
3. The Child Support Recovery Unit has been given written notice at least twenty days prior to the entry of the decree as to the amount of support proposed to be fixed by the decree.

Rule 11.1 - Fees for Oral Language Interpreters. (Rescinded Sept. 7, 2007)
     

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