COURT
RULES: FIRST JUDICIAL DISTRICT
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Rule 1
WITHDRAWAL BY COUNSEL
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A
lawyer who has appeared may withdraw for good cause by serving notice of intent
to withdraw on the client and opposing counsel, filing notice and proof of
service, and receiving court approval.
In most civil cases and in some criminal cases, the court will approve
without hearing a request to withdraw which is signed by both the lawyer and
the client. In most criminal
cases, the court will require a hearing with the Defendant present.
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Rule
2
USE
OF COURT FILES
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Lawyers,
court reporters, and abstractors may check out court files from the Clerk, who
will require a receipt. The receipt
must bear the name of the person actually withdrawing the file, who must return
it within 5 days (or immediately upon Clerk's request or court order). If the file is obtained on behalf of another
person, the receipt must also identify that person. Persons who violate this rule may lose the privilege of
withdrawing files.
The
Clerk shall record on the file copy of each document processed a distribution
list and the date.
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Rule 4
COURTROOM
PROCEDURE
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1. Lawyers shall be prompt, but shall notify the court if they
are unavoidably delayed.
2. The flag of the United States shall be displayed in every
courtroom.
3. Lawyers shall stand to
address the judge or the jury, but remain seated to make objections or address
witnesses. They may move about the
courtroom if necessary to handle exhibits and may approach the bench with the
court's permission or invitation.
4. In voir dire, lawyers shall use juror questionnaires to
obtain personal data efficiently.
5. Lawyers shall not
address witnesses (except children), jurors, or opposing counsel by first name,
and shall not address jurors individually after voir dire. Judges shall not
address witnesses, litigants, or lawyers familiarly in the presence of jurors.
6. Judges shall wear robes
in the courtroom unless only lawyers and court personnel are present. All
persons shall wear appropriate clothing in the courtroom.
7. Lawyers shall instruct their clients and witnesses in
courtroom procedure.
8. Each witness shall be formally sworn.
9. Lawyers shall have
exhibits marked before using them, refer to them by exhibit number or letter,
and show them to opposing counsel before offering them into evidence.
10. Lawyers shall prepare
diagrams, sketches, or plats to be offered as exhibits in forms which can be
retained as part of the record.
Witnesses identifying areas shown in such exhibits shall mark on them
the areas identified.
11. Any judge who disposes
of a jury case before submission shall explain to the jurors what has happened
before excusing them.
12. Criminal defendants shall stand for jury verdict and for
pronouncement of sentence.
13. Only lawyers, litigants,
witnesses, security personnel, and court personnel shall come within the bar of
the court.
14. Lawyers shall not communicate ex parte
with judges.
Rule 5
REFEREES'
FEES IN ESTATES, TRUSTS, AND CONSERVATORSHIPS
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Pursuant to Iowa Code Section 633.21, referees' fees shall
be as follows: ("Net value" of decedents' estates means gross assets
less life insurance and half of joint tenancy property; see Exhibit A
appended.)
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ESTATES
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NET VALUE ($)
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REFEREES' FEES ($)
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0
to 25,000.00
25,000.00
to 50,000.00
50,000.00
to 75,000.00
Over
75,000.00
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20.00
40.00
60.00
80.00
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CONSERVATORSHIPS AND TRUSTS
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GROSS ASSETS
($)
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REFEREES' FEES
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1ST
REPORT
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ANNUAL
REPORTS
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0 to
25,000.00
25,000.00
to 75,000.00
Over
75,000.00
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15.00
25.00
35.00
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5.00
10.00
15.00
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TESTAMENTARY TRUSTS
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GROSS ASSETS ($)
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CLERKS' FEES ($)
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DOCKETING ANNUAL REPORTS
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0
to 25,000.00 15.00 5.00
25,000.00
to 75,000.00 25.00 10.00
Over
75,000.00 35.00 15.00
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Applications
for ordinary probate fees shall be in the form appended and marked Exhibit
A. Applications for extraordinary
probate fees shall conform with Iowa Court Rule 7.2(3).
The
probate referee shall complete the report required by Iowa Court Rule 7.4 and a
worksheet (Exhibit B appended) before submitting a probate fee application to
the court.
Probate notices shall
advise interested parties that objections must be made in writing in conformity
with Iowa Code Section 633.40(4).
Rule 9
INHERITANCE TAX
APPRAISAL FEE
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Pursuant
to Iowa Code Section 633.21, inheritance tax appraisers shall be paid actual
mileage at the State rate and the following fees:
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PROPERTY VALUE ($)
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APPRAISER'S
FEE ($)
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Under
25,000.00
Between 25,000.00 and 100,000.00
Between 100,000.00 and 200,000.00
Between 200,000.00 and
400,000.00
Between 400,000.00 and
750,000.00
Between 750,000.00 and 1,000,000.00
Over 1,000,000.00
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40.00
50.00
100.00
200.00
350.00
450.00
500.00
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EXHIBIT A
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IN THE IOWA
DISTRICT COURT FOR _________________________ COUNTY
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IN THE MATTER OF THE
ESTATE )
OF
_____________________________________, )
DECEASED
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Probate No.
____________________
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APPLICATION FOR
) COMPENSATION OF ATTORNEY
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The attorney for the
fiduciary makes application for fees in this case as follows:
Value
of the gross assets of the estate as listed on the probate inventory
less ½
of the joint tenancy property held with surviving spouse
and
less life insurance payable to designated beneficiary: $ __________
Maximum
fee pursuant to Code of Iowa Section 633.197: __________
The
attorney has performed usual services and will perform usual
future
services for which a fair and reasonable fee is: __________
The
attorney has incurred the following expenses that should be
reimbursed: _________
In
support of this application, the attorney relies upon the contents of the
court's probate file. The attorney has
advised the fiduciary of the right to request that an itemization of services
performed, time spent, and responsibilities assumed by the attorney be included
in the final report for this estate in compliance with Code of Iowa Section 633.477(11).
Fees
will be paid in accordance with Iowa Court Rule 7.2(4).
____________________________________
Attorney
for Fiduciary
STATE OF IOWA, COUNTY OF
BLACK HAWK) ss.
The
undersigned attorney solemnly swears or affirms that the statements in this
application are true and correct and the undersigned has made no agreement to
divide the compensation requested except with any bona fide law partner or any
attorney serving jointly with the undersigned in relation to this estate.
____________________________________
Attorney
for Fiduciary
Subscribed
and sworn or affirmed before me this ____ day of ________________, 20____.
____________________________________
Notary
Public, State of Iowa
REPORT OF REFEREE
The
undersigned Referee in Probate reports that the fees requested by the attorney
(have/have not) been properly computed as provided by Code of Iowa Section
633.197 and (are/are not) presented in compliance with Iowa Court Rule 7.2.
Dated
____________________, 20____.
____________________________________
Referee
in Probate
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EXHIBIT B
REFEREE IN PROBATE
PROBATE FEE APPLICATION WORKSHEET
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ASSETS
Value of Gross Assets
Inventory Amount
A. $________________________
B. _______________________
C. ________________________
D. _______________________
E. ________________________
E-1
(100%) ________________________
F. ________________________
G. ________________________
H. ________________________
I. ________________________
SUBTOTAL
GROSS ASSETS: $________________________
DEDUCTIONS
½ joint
tenancy from Schedule E: $________________________
and
Life
insurance from Schedule D:
________________________
SUBTOTAL
DEDUCTIONS:
________________________
NET ASSETS (GROSS ASSETS
LESS DEDUCTIONS): $________________________
Fee Computation
6% of
first $1,000.00 $________________________
4% of
next 4,000.00 ________________________
2% of
excess over $5,000.00 ______________________
MAXIMUM
STATUTORY FEE: $________________________
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