The information below is an archive of changes posted to the eFile system for registered filers. This content is maintained only for historical purposes and may become out of date as systems are updated over time.
3/6/17 Probate: Changes to case access and notifications for some beneficiaries
Note: This alert supersedes the alert from February 16, 2016: Request for Notice in Probate 633.42.
Beneficiaries who are named in the will and added by the attorney as parties on the case are no longer indexed as case parties in EDMS. Beneficiaries added to the case this way will not have access to the case or receive notifications. This change was approved by the Clerks Manual Committee.
To have access to the case and to receive notifications, beneficiaries added to the case this way must file a Petition for Intervention.
Interested nonparties, defined in Iowa code section 633.48 as "any person interested in the estate," must file a Request for Notice.
The Request for Notice document type has been added to the Probate Common Filings category. When an interested nonparty files a Request for Notice, EDMS sends notification to all parties—including the personal representative and/or the personal representative's attorney—that this nonparty wants notice of hearings on the case.
The code says the personal representative or the personal representative's attorney is responsible for notifying these nonparties:
"Thereafter, the personal representative shall, unless otherwise ordered by the court, serve, by ordinary mail, upon such person, or the person’s attorney, if any, a notice of each hearing."
This responsibility has not changed with electronic filing. It remains for the personal representative or the personal representative’s attorney to mail notice to nonparties who have filed a Request for Notice in EDMS.
Beneficiaries who make application and are permitted by order to intervene on a case will be indexed as case parties and will get full case access and notifications; they therefore need not file a Request for Notice in the case in order to get service.
2/16/17 Language Change
The change titled Service of Documents Proposed for Restricted Access or Filed under an Order to Restrict Access originally published on 12/19/16 has been revised to use the language in Chapter 16, Rules for Electronic Filing: the term “Seal” has been changed to “Restrict Access.”
12/19/16 Service of Documents Proposed for Restricted Access or Filed under an Order to Restrict Access
EDMS does not serve these documents. The filer of a Document Proposed for Restricted Access or a document Filed under an Order to Restrict Access is responsible for service on all parties who require service.
Because the Chapter 16 rules describe a number of options for restricting a docket entry or a document, EDMS can’t anticipate what the filer will request or what the judge’s order to restrict will approve in terms of restricting the docket entry or the document. That’s why EDMS can’t accurately determine what parties are authorized to see that the document was filed or to see the document. Therefore, it is the filer’s responsibility to service these documents.
Whenever you file an Application for Restricting Access and a Proposed Document for Restricted Access, or whenever you check the box on the electronic coversheet in EDMS that indicates your document is Filed under an Order Restricting Access, you must manually send notification of that filing to the parties that require service, just as you did when filing in paper before the advent of EDMS.
12/19/16 New Rule on Filing of Original Notices
Rule 16.314(4) of the Chapter 16 Rules of Electronic Procedure now requires that the documents served be electronically filed when the return of service of an original notice is filed.
The change applies only to returns of service of an original notice, and not to returns of service of any other type of writ.
This is a change in procedure for EDMS filers, who were previously instructed that the service copy of an original notice must not be filed along with the return of service.
Rule 16.314 Original notice.
16.314(4) Return of service. After the original notice is served, the filer must scan and electronically file the return of service with the documents served.
12/14/16 Enhancements to the eFile Systems
On Thursday December 15, changes will be made to improve usability for filers that work in both Appellate Court and District Court eFile systems.
Overview of Enhancements
If you reset your password, that change will be made across all eFile systems at once.
If you change any account information, it will be changed across all eFile systems.
If you use both Court eFile systems, you will be able to switch between them seamlessly, without logging in a second time.
A new Portal, where you can:
Register for a new account
Make changes to your profile
Switch between the Appellate and District eFile systems without having to re-login
Set a default Court system (Appellate or District). If you set a default, it will open automatically when you log in, bypassing the new Portal.
12/1/16 Changes to Juvenile Delinquency Cases
Case Security Set Automatically
On July 1, 2016, changes to the eFile system will automatically set security for juvenile delinquency cases per Senate File 2288:
All pending and new delinquency cases will be confidential (security level 1 – Confidential) unless one or more forcible felony-level charges are entered on them.
Cases with a forcible felony-level charge will be public (security level 0 – Public) if the juvenile defendant was 10 years of age or older at the time of the delinquent act.
To Change Case Security
New and revised code sections 232.149A & B describe orders that juvenile judges can issue to change case security on delinquency cases. A juvenile has the right to a hearing on a motion for either of these orders:
OCFN– Juvenile Confidentiality Order
Per code 232.149A, this order sets security to Level 1 – Confidential when docketed on delinquency cases, making the case confidential regardless of charges filed. Filers submit a PROPOSED OCFN to the judge.
OPUB – JUVENILE PUBLIC RECORDS ORDER
Per code 232.149B, this order sets security to Level 0 – Public when docketed on delinquency case, making the case public regardless of the charges filed. Filers submit a PROPOSED OPUB to the judge.
Code section 232.150 allows for a hearing for sealing of the juvenile record on the court’s own motion or motion of the juvenile charged.
Right to Review Complaint against Juvenile
Revised section 951.25 has been updated to agree with SF 2288: Complaints filed with the court alleging a delinquency act, except for those alleging a forcible felony charge, will be confidential. Alleged victims still have the right to see the complaint, name and address of the juvenile charged and the disposition of the complaint. They may do so through an intake or juvenile court officer.
Senate File 2288 An Act Relating to the Confidentiality of Juvenile Court Records in Delinquency Proceedings
2/16/16 Request for Notice in Probate 633.42
SUPERCEDED on 3/6/17
Method of notice on interested nonparties under Iowa Code section 633.42.
For interested nonparties in probate cases, which code section 633.42 says include "any person interested in the estate," the "Request for Notice" Document Type has been added to the Probate Common Filings category. When an interested nonparty files a Request for Notice, EDMS sends notification to all parties— including the personal representative and/or the personal representative's attorney—that this nonparty wants notice of hearings on the case.
The code says the personal representative or the personal representative's attorney is responsible for notifying these nonparties: "Thereafter, the personal representative shall, unless otherwise ordered by the court, serve, by ordinary mail, upon such person, or the person’s attorney, if any, a notice of each hearing." This responsibility has not changed with electronic filing. It remains for the personal representative or the personal representative’s attorney to mail notice to nonparties who have filed a Request for Notice in EDMS.
Beneficiaries are indexed as case parties in EDMS when they're named in the will and added by the attorney as parties on the case or when they’re permitted to intervene on the case. As case parties, they get full case access and notifications, and therefore need no file a Request for Notice in the case in order to get service.
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