THE IOWA DISTRICT COURT, SECOND JUDICIAL DISTRICT
RULE NO
1.1 Handling of Significant Cases
In cases of substantial factual or legal complexity, counsel may petition the
Chief Judge for assignment of a judge or judges to handle all aspects of the
case from filing until final disposition. Determination of such a request is
discretionary with the Chief Judge.
RULE NO
1.2 Procedure for Withdrawal of Appearance
The appearance of an attorney in any case may be withdrawn only on written
application to the Court, with such notice and hearing as the Court may
prescribe. The application shall include or be supported by (1) a concise
statement of the reasons for the requested withdrawal, (2) the client's written
consent to the withdrawal, (3) the attorney's affidavit that, despite diligent
inquiry, the location of the client is unknown or (4) another attorney's
written appearance on behalf of the client.
RULE NO
1.3 Withdrawal of Court Files and Exhibits
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 of Court, and authorized representatives of abstract
companies in 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 ten days. A person withdrawing a file or exhibit shall file a receipt
therefor. All withdrawn files and exhibits are subject to immediate return upon
call of the clerk, court administrator or any judge. The Clerk of Court shall
be responsible for enforcing this rule. The clerk is authorized to refuse the
privilege of file withdrawal to any person, subject to review by the Court.
RULE NO
1.4 Civil Motions and Application - Oral Argument
Except as may be required by the Iowa Rules of Civil Procedure or by statute,
motions or applications shall be submitted without oral argument. In the event
the court determines oral argument is useful or a written request for oral
argument is made, the court may, in its sole discretions, schedule the motion
or application for hearing, upon notice.
RULE NO
1.5 Continuity of Judicial Rulings
When a party to a civil or criminal case files a Bill of Exceptions, Motion or
Application for New Trial, Motion for Judgment Notwithstanding the Verdict,
Motion in Arrest of Judgment, or Motion to Amend or Enlarge under IRCP 179 (b),
that party shall provide an extra copy for the judge who presided at trial or
entered the subject order. The Clerk of Court shall immediately mail or deliver
the extra copy to the judge who presided at trial or entered the order. That
judge shall be responsible for disposition of the filed document.
RULE NO 1.6 Proper
Attire
Attorneys shall be properly attired while participating in proceedings held in
open court. Attorneys shall also ensure that their clients and witnesses appear
for court wearing suitable attire. The following items of clothing are not
appropriate for court proceedings: hats, shorts, halter tops, tube tops, shirts
with obscene or inappropriate printing, clothing that is overly dirty or
ragged. Unless advance permission has been given, persons wearing any of the
aforementioned items will not be allowed to appear in court.
RULE NO
2.1 Temporary Injunctions
(A) In Domestic Relation Cases No order for issuance of an ex parte temporary
injunction to enjoin the occupancy of a residence by any party to an action
under Iowa Code Chapter 598 shall be entered, unless the application alleges
(a) the occasion of actual physical violence or (b) the threat to commit the
same with the means to carry out such threat, all committed on a date proximate
to and specified in the application. All orders to vacate a homestead shall be
governed by Iowa Code Section 598.33. No temporary injunction in an action
under Iowa Code Chapter 598 enjoining a party from molesting the other party or
interfering with the other party's custody of the minor children of the parties
shall be construed to deny the enjoined party the right to visit the minor
children at reasonable times and places, and to make necessary arrangements,
unless such visitation rights are expressly denied by order of Court.
Applications for temporary writs of injunction shall be supported by affidavit
of persons having actual knowledge of the alleged facts. (B) Other Cases In all
other cases, it is the general policy of the Court that ex parte temporary
injunctions may issue, on good cause shown and in accord with Division XV of
the Iowa Rules of Civil Procedure, for a period of up to seven days after
service on the party enjoined. If the Court follows this general policy, the
injunction or order shall set out such time limit.
If the Court does not
follow this general policy, the injunction or order shall specifically set out
any other time limit which the circumstances may warrant. The continuance of a
temporary injunction beyond the applicable time limit may be granted on good
cause shown only after opportunity for hearing is granted the party enjoined,
upon notice prescribed by the Court.
RULE NO
2.2 Procedure For Temporary Allowance in Dissolution Actions
All applications for temporary support of a party or minor children shall be
accompanied by the financial affidavit of the applicant on the form prescribed
by the Supreme Court, and the applicant shall include therein a statement of
the income of each party. If the other party desires to resist any application
for support, he or she shall file a financial affidavit within the time
prescribed by court order. If both parties are represented by counsel, an
application for temporary child support shall not be considered by the court
unless the motion alleges that counsel for the applicant has made a good faith
but unsuccessful attempt with opposing counsel to obtain a stipulated support
order under the Supreme Court Guidelines. Notice of hearing on applications for
temporary support shall be given in accordance with Iowa Code Section 598.11.
An application shall initially be heard upon he financial affidavits of the
parties, and a temporary order entered thereon unless a request for an oral
hearing showing special circumstances is made to the Court. Granting of such
oral hearing is only upon order of the Court, with such notice of the time and
place thereof as the judge may prescribe. If the adverse party is not
represented by counsel by the date of hearing, and if he or she personally
appears for the hearing, that party shall be afforded an opportunity to submit
a financial affidavit or to make a request orally to be heard as aforesaid. An
attorney may file an affidavit demonstrating services performed and to be
rendered in support of a request for temporary attorney fees, but it is not
required. Either party may have a review hearing upon written request filed
within 10 days of ruling, with opportunity orally to be heard thereon, if
requested, provided the requesting party has previously filed a financial
affidavit in accordance with the requirements of this rule.
RULE NO
2.3 Preparation of Decree
Proposed decrees of dissolution of marriage, separate maintenance or annulment
prepared by counsel shall be submitted to opposing counsel of record or to any
unrepresented person who has appeared for approval before presentation to the
Court.
RULE NO
2.4 Default Decree, Payments of Cost, Filing
Unless otherwise ordered by the Court, costs shall be paid upon the filing of a
decree obtained by default in proceedings under Iowa Code Chapter 598. All such
decrees shall be filed with the Clerk within 3 days of their signing, unless
otherwise ordered by the Court.
RULE NO
2.5 Hearings on Modifications of Decrees
Actions to modify a final decree in a dissolution of marriage or separate
maintenance action may be under the original file. The party seeking
modification shall serve the opposing party with an original notice. All
proceedings shall be in the manner of an original action, including time to
appear, move and plead, unless otherwise specifically ordered by the Court.
RULE NO
2.6 Applications of Underage Persons to Marry
In addition to the written certificate of consent of the parents or guardians
of applicants for marriage licenses of underage persons under Iowa Code Section
595.2, the applicant shall attach a written statement of a qualified person who
has counseled with the underage person and his or her intended mate regarding
the responsibilities of marriage. The statement shall provide a comprehensive
report of the subjects discussed at the counseling session(s), and shall
indicate if the underage person is capable of assuming the marriage
responsibilities and whether the proposed marriage will serve his or her best
interest. The applicant and his or her intended mate shall also complete a
personal data report. The statement of counselor and the personal data report
shall be made upon forms furnished by the Recorder, or which substantially
conform thereto. The certificate of consent, the counselor's statement and the
personal data report shall be presented by the Recorder to the presiding judge
for consideration on a regular court day, unless circumstances warrant an
earlier presentation thereof.
RULE NO
2.7 Automatic Assignment of Dissolutions of Marriage or
Modifications
Ninety (90) days after a petition for dissolution of marriage is filed, the
Clerk of Court shall bring the court file to the attention of the presiding
judge on court service day.
A modification file should
be brought to the motion day judge forty-five (45) days after it is filed.
After review of the file,
and consultation with counsel, if necessary, the court shall enter an order
directing the Court Administrator to assign the case for trial as soon as
practicable (if the respondent has not appeared and/or there is not return of
service on file, the court will set the matter for hearing to determine its
status). The Court Administrator shall allocate one day for the trial of the
action. The parties shall advise the Court Administrator if it is anticipated
that additional time is required.
On application by a party,
the court may exempt a case from its automatic assignment for trial for good
cause. The party shall file the application, stating the reasons therfor,
within ten days of the filing of the order to trial. The application shall be
signed personally by the party making the application. The application shall be
brought to the attention of the court in the manner of a motion.
The time standard for
disposition of contested domestic relations case is eight months.
RULE NO
2.8 Priority Assignment of Custody Cases
If custody is disputed in a dissolution proceeding, a party may file an
Application for Priority Assignment with the Clerk of Court, with a copy to the
Court Administrator, after the answer to the petition. The application shall
certify that a good faith, justiciable issue exists regarding the custody of
minor children. Within ten (10) days after the application is filed, the Court
Administrator shall conduct a Trial Setting Conference to set a trial date. If
the parties are unable to agree on a trial date, the Court Administrator shall
promptly schedule a trial setting conference with a District Court Judge.
Custody cases shall receive priority assignment.
RULE NO
3.1 (A) and (B) Referees in Probate
A. Appointment: Except in counties within this district where other
appointments have been or are hereinafter made by a judge of this district, the
Clerk of Court in each county of this district is hereby appointed referee in
all matters in probate in his or her county. B. Fees: The referee shall be
allowed a fee for such service based on the gross assets of the estate listed
in the probate inventory for Iowa Inheritance Tax purposes, in accordance with
the following schedule:
|
When the total assets do not exceed $5,000
|
$3.00
|
|
When the total assets are between $5,000 and $15,000
|
$5.00
|
|
When the total assets are between $15,000 and
$50,000
|
$10.00
|
|
When the total assets exceeds $50,000
|
$20.00
|
Such fees of referee shall
be taxed by the clerk as a part of the costs in each probate matter and
collected by the clerk as other costs. The fees shall be in addition to all
other fees charged and collected by the clerk in probate matters as required by
Iowa Code Section 633.31. When the Clerk of Court is referee in probate, the
referee's fees shall be handled pursuant to Iowa Code Section 633.20. When a
person other than the Clerk of Court is referee in probate, the referee's fees
shall be payable to such person, or his or her designee.
RULE NO
3.2 Compensation of Inheritance Tax Appraisers
Inheritance tax appraisers shall be compensated on the basis of the following
graduated scale:
|
Total value of property appraised
|
Fee to Each Appraiser
|
|
Less than $15,000
|
$40.00
|
|
$15,000 to $25,000
|
50.00
|
|
$25,000 to $50,000
|
60.00
|
|
$50,000 to $100,000
|
70.00
|
|
$100,000 to $150,000
|
90.00
|
|
$150,000 to $200,000
|
100.00
|
|
$200,000 to $250,000
|
125.00
|
|
$250,000 to $500,000
|
150.00
|
|
$500,000 to $750,000
|
175.00
|
|
$750,000 to $1,000,000
|
200.00
|
|
Over $1,000,000
|
250.00
|
Each appraiser providing
transportation shall receive the prevailing state rate for each mile of travel
per motor vehicle necessarily incurred 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 $30.00 for services in preparing and mailing
notices of appraisement. The Court may allow additional compensation upon
written application showing that the compensation provided for in this rule is
grossly inadequate.
RULE NO
3.3 Notice of Appraisement
Inheritance tax appraisers shall seasonably set a time and place of
appraisement as provided by Iowa Code Sections 450.27 and 450.28, and, without
application to the Court, shall give written notice thereof by certified mail
to the Director of Revenue at Des Moines, Iowa, the attorney of record of the
estate, if any, and to all other persons interested in the property to be
appraised at their last known addresses. Said notices shall be mailed at least
20 days before the time fixed for appraisement. Upon specific application, the
Court may prescribe a different manner of service. Provided, however, the
appraisers may secure written acceptance of service of notice from the
director, the attorney of record of the estate, and interested persons under no
legal disability in lieu of the formal notice requirements.
RULE NO
3.4 Compensation of Other Appraisers
Other appraisers shall be compensated on the basis of the graduated scale
applicable to the inheritance tax appraisers, unless otherwise ordered by the
Court, and any appraiser providing transportation shall receive the prevailing
state rate for each mile of travel per motor vehicle necessarily incurred in
making such appraisal.
RULE NO
3.5 Fee of Guardian Ad Litem and Attorney for Unrepresented
A guardian ad litem and an attorney appointed for persons not represented shall
be compensated in the amount of $25.00, unless the Court allows an additional
amount for extraordinary services performed. The fee shall be taxed by the
clerk as part of the court costs.
RULE NO
3.6 Letters of Guardianship
Letters of guardianship shall not be issued in any case until court fees for
opening and closing the guardianship have been paid in advance, unless
otherwise ordered by the Court.
RULE NO
3.7 Change of Title
Fiduciaries and their attorneys are required to include change of title
designations in their final probate report for the signature of the Clerk of
Court and to facilitate proper entry thereof.
RULE NO
4.1 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. A dismissal of an action or any part thereof
shall provide for payment of costs or a judgment for the costs. In the event
that 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. The Clerk of Court shall not accept for filing, or permit the entry
of, any full satisfaction of judgment unless the costs, including reporter's
fees, are paid, unless otherwise ordered by the Court.
RULE NO
6.1 Forfeiture of Collateral in Lieu of Appearance
Upon written request from Defendant, the following collateral security plus
surcharge and court costs may be accepted in lieu of appearance for the
following public offense, all in accordance with Iowa Rule of Criminal
Procedure No. 53:
|
Iowa Code Section
|
Public Offense
|
Security
|
|
49.112
|
Unlawful Acts at Polls
|
$50.00
|
|
81A.9
|
Violation of Transient Merchants Provision
|
50.00
|
|
106.13
|
Violation of Water Navigation Regulations
|
50.00
|
|
109.32
|
Violation of Fish & Game Conservation
|
100.00
|
|
109.87
|
Violation of Open Seasons
|
100.00
|
|
109.93
|
Hunting by Artificial Light
|
100.00
|
|
109.120
|
Hunting from Aircraft or Snowmobiles
|
100.00
|
|
110.1
|
Unlawful use of Game & Fish License
|
50.00
|
|
110.36
|
Illegal Manner of Conveyances of Guns
|
50.00
|
|
110.26
|
Nonresident's False Claim of Residency
to Obtain Licenses and Unlawful Use
of Game & Fish License
|
100.00
|
|
110B.6
|
Violation of Migratory Waterfowl Laws
|
100.00
|
|
111.35-
|
Violation of Conservation & Public Parks
|
50.00
|
|
111.56
|
(Unless a Scheduled Violation)
|
|
|
111A.5
|
Violation of County Conservation Rules
& Regulations
|
50.00
|
|
123.48
|
False Use of Identification to Purchase
Liquor
|
100.00
|
|
455B.363
|
Littering
|
50.00
|
|
708.2(3)
|
Assault
|
100.00
|
|
714.2(5)
|
Theft - Fifth Degree
|
100.00
|
|
714.13
|
Fraudulent Practices - Fifth Degree
|
100.00
|
|
716.6
|
Criminal Mischief - Fifth Degree
|
100.00
|
|
716.(1)
|
Criminal Trespass Without Injury to
Person with Damages of Less Than $100.00
|
100.00
|
|
718.4
|
Harassment of Public Officers & Officials
|
100.00
|
|
718.6
|
False Report to Law Enforcement Authorities
|
100.00
|
|
719.1
|
Interference with Official Acts Without
Serious Injury or Without the Use of a
Weapon
|
100.00
|
|
723.2
|
Unlawful Assembly
|
50.00
|
|
723.3
|
Failure to Disperse
|
50.00
|
|
723.4
|
Disorderly Conduct
|
50.00
|
|
724.16
|
Annual Permit to Acquire Required
|
50.00
|
|
724.22
|
Sale of Firearms or Ammunition to Minors
|
100.00
|
|
727.1
|
Distributing Dangerous Substances
|
100.00
|
|
727.5
|
Obstructing Emergency Telephone Calls
|
50.00
|
|
727.6
|
Falsely Claiming Emergencies
|
50.00
|
Updated: May 2006
