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News Releases -
Crime and the Courts
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Written by Iowa Judicial Branch
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Wednesday, 23 May 2012 08:11 |
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The following documents are amendments to the Iowa Court Rules or new court rules recently approved by the Iowa Supreme Court.
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| In the Matter of Amendments to Rules of Appellate Procedure (May 21, 2012) |
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6.1005 Regarding Frivolous Appeals and Withdrawal of Counsel (Including Related Changes to Other Rules)
Effective immediately |
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Order (147 kb) |
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| In the Matter of Standard Forms of Pleadings for Small Claims Actions (May 7, 2012) |
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Chapter 3 of the Iowa Court Rules is rescinded effective July 1, 2012, and revised Chapter 3 is adopted. Until July 1, 2012, parties may use either the current pleadings forms or the new pleadings forms. |
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Order (129 kb) |
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| In the Matter of Amendments to Iowa Court Rules Regulating the Practice of Law (May 2, 2012) |
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Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately |
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Nunc Pro Tunc (59 kb) |
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| In the Matter of Amendments to Iowa Court Rule 32:7.4 (March 12, 2012) |
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The Court adds Veterans Law to the list of fields of practice and specialization. |
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Order (80 kb) |
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| Iowa Courts Rules |
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The Chief Justice has signed a supplemental order specifying the effective date of the amendment to Rule 41.3(2) |
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Supplemental Order (35 kb) |
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| Iowa Court Rules (February 20, 2012) |
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Amendments concerning the attorney disciplinary process, client trust account reconciliation and record retention procedures, continuing legal education, and the bar exam.
Amended effective immediately |
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Order (183 kb) |
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| In the Matter of Amendment to Chapter 11 (December 30, 2011) |
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New Standards of Conduct for Mediators is based on the 2005 Model Standards of Conduct for Mediators. Prior to publication of the new standards, the Iowa Code Editor's office has revised the numbering format of the new standards. In addition, the court has made punctuation and grammatical changes to the new standards. |
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Nunc Pro Tunc (361 kb) |
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| In the Matter of Amendments to Iowa Court Rules Chapter 46.13(4) (December 12, 2011) |
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Causes for disciplinary action. |
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Order and Amendment (338 kb) |
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| In the Matter of Amendments to Iowa Court Rules Chapter 12 (November 14, 2011) |
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Earlier this year, the General Assembly approved statutory changes that prohibit the possession, receipt, and shipment of firearms and ammunition by a person found by a court to be mentally ill. To comply with this legislation, the court amended two forms used for civil commitments pursuant to Chapter 229 of the Iowa Code. |
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Order (1202 kb) |
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| Iowa Court Rules (November 10, 2011) |
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Amendment to chapter 11 of the Iowa Court Rules— Adoption of Standards of Conduct for Mediators Summary—At the recommendation of the Iowa State Bar Association, the American Academy of Alternate Dispute Resolution Attorneys, and others, the court replaces chapter 11 of the Iowa Court Rules, “Rules Governing Standards of Practice for Lawyer Mediators in Family Disputes,” with new standards of conduct for mediators. The current standards have changed little since their adoption in 1987. The new standards mirror the 2005 Model Standards of Conduct for Mediators with one exception. The court added a provision concerning the scope of the rules. This provision provides that the “standards apply to mediators who are lawyers licensed to practice law in Iowa, mediators who participate in any mediation program approved by a court of this state, and mediators in any matter required to be mediated by an Iowa court order or rule.” The standards for mediators in the prior version of chapter 11 applied to lawyer mediators in family disputes only. The new standards take effect January 1, 2012. |
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Order and Amended Rule (352 kb) |
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| Iowa Rules of Civil Procedure (November 30, 2010) |
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Amendment to Rules of Civil Procedure 1.909 -- The supreme court amends Iowa Rule of Civil Procedure 1.909, setting the fee for late settlement of jury trials, to include a party's waiver of jury trial within the rule's time frame.
Temporarily amended, effective immediately
Permanently effective January 28, 2011 |
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Order and amended rule (479 kb) |
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| Iowa Court Rules (November 24, 2010) |
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Amendment to Rule 41.12 requires all lawyers newly admitted by examination to complete a basic skills course on Iowa law within one year after admission to the Iowa bar. The supreme court amends the rule to permit new lawyers to take the basic skills course during the time between completion of the bar examination and admission to practice.
Effective immediately |
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Order and amended rule (565 kb) |
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| Iowa Rules of Civil Procedure (August 3, 2010) |
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Amendments to Rules of Civil Procedure 1.1007 and 1.1008--Time to file certain post-ruling motions
These amendments increase the amount of time that a party has to file certain post-ruling motions. The court increased the time to file such motions from ten days after the filing of a verdict to fifteen days after the filing of a verdict. This additional time is intended to address case processing delays that cut into the time parties have to file such motions. These delays are the on-going consequence of the severe cuts in the judicial branch budget over the past decade.
Efffective August 9, 2010 |
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Amendment (483 kb) |
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| Amendment to Code of Judicial Conduct (June 23, 2010) |
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Amendment to Application Section
Summary ― This amendment is a technical correction.
Effective immediately |
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Amendment (342 kb) |
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| Amendment to Rule of Criminal Procedure 2.19(4) (June 17, 2010) |
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Amendment to Rule of Criminal Procedure 2.19(4) Reporting Opening Statements and Closing Arguments―This amendment requires the reporting of opening statements and final arguments in a criminal trial. The former version of the rule required reporting of these remarks only upon request of a party. The purpose of this amendment is to ensure that a complete record of all aspects of a trial exists to enable a complete review of a case on appeal. Under the former rule, the absence of a record of opening statements and closing arguments frequently hampered appellate review, particularly with regard to questions of error preservation and prejudice.
Effective August 16, 2010 |
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Order and Rule (239 kb) |
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| Rule 22.28 Report Form (May 27, 2010) |
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Amended form for filing transcript income and expense reports. |
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Supervisory Order (589 kb) |
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| Amendment to Rule of Judicial Administration (May 27, 2010) |
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Amendments to Rule 22.28(7) ―Court Reporter Transcript Income and Expense Reports
Summary―In response to feedback from court reporters regarding the work involved in producing these reports and confusion about certain reporting requirements, the court amended the rule to require only one report a year (May 1) rather than two reports a year.
Effective immediately |
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Order and rule (271 kb) |
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| Rules for Expanded Media Coverage (May 27, 2010) |
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Amendment to Rule 25.3―Witness Objection to Request for Media Coverage
Summary―At the request of the Clerks’ Manual Committee, the court amended this rule to provide that a witness is entitled to assistance from the clerk of court in providing copies of the witness’s objection to EMC coverage to attorneys, parties, the presiding judge, the district court administrator, and the media coordinator.
Effective immediately |
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Order and rule (394 kb) |
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| Rule of Appellate Procedure (May 27, 2010) |
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Procedure 6.1401 Form 5―TPR and CINA Expedited Appeal
Summary―The Iowa Court of Appeals recommended these changes to the CINA/TPR petition form for the purpose of obtaining more direction and information from an appellant regarding the issues being raised on appeal.
Effective immediately |
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Order and form (1457 kb) |
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| Rules of Civil Procedure (May 26, 2010) |
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Amendment to Rule of Civil Procedure 1.1013(1) ―Fee for Petition to Vacate or Modify a Judgment
Summary―Earlier this year, the court amended this rule to require the payment of a filing fee when filing a motion or petition for vacating or modifying a judgment. Later, the court was informed of confusion among clerks of court and attorneys about the application of this rule, particularly with respect to small claims cases. Clerks of court asked for guidance. To clarify the rule, the court adopted this amendment. The amendment clarifies that a petition of this nature when filed in small claims shall require payment of the fee for filing a small claims case set forth in section 631.6(1)(a). Currently, the filing fee for small claims cases is $85.
Effective July 24, 2010 |
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Order and rule (641 kb) |
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| Iowa Court Rules (April 30, 2010) |
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Adopted effective May 3, 2010 |
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Order (17337 kb) |
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| Iowa Rules of Civil Procedure (March 9, 2010) |
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1.431 Motion practice
1.1013 Procedure for vacating or modifying judgment
Adopted, effective May 10, 2010 |
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Amendments (650 kb) |
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| Iowa Court Rules (March 9, 2010) |
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Rule 22.30 -- Use of signature facsimile
Amended, effective immediately |
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Order and amended rule (568 kb) |
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| Iowa Court Rules (January 19, 2010) |
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Chapter 31--Admission to the Bar
Chapter 39--Client Security Commission
Chapter 41--Continuing Legal Education
Amended, effective immediately |
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Order and amended rules (1599 kb) |
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| Iowa Rules of Civil Procedure (January 7, 2010) |
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1.431 Motion practice
1.909 Fee for late settlement of jury trial
Adopted, effective March 8, 2010 |
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Amended rules (445 kb) |
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| Iowa Court Rules (January 6, 2010) |
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Court Records
Chapter 20
Adopted, effective immediately |
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Order and new rules (382 kb) |
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| Iowa Rule of Appellate Procedure (December 18, 2009) |
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Rule 6.702 Filing fees and copies
Effective immediately
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Order and rule (435 kb) |
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| Iowa Court Rules (November 12, 2009) |
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Rule 22.39 Staffing offices of clerks of court
Rule 22.40 Public business hours of offices of clerks of court |
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Order and Rules (365 kb) |
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| Iowa Court Rules (November 9, 2009) |
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Rule 22.28 Transcripts - transcript fee and expense report
Amended, effective immediately |
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Order and Amended Rules 22.28 (657 kb) |
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| Iowa Rules of Criminal Procedure (October 28, 2009) |
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State's duty to disclose witnesses
Amended, effective immediately |
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Rule 2.11(12) (2045 kb) |
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| Iowa Court Rules (October 12, 2009) |
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Basic skills course requirement
Effective immediately |
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Rule 41.12 (new) (483 kb) |
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| Iowa Rules of Civil Procedure (August 10, 2009) |
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Deposition subpoena 1.715
Court reporter memorandum 1.903(3)
Judgment on the pleadings 1.954
Subpoena 1.1701
Forms 12,13, 14 and 15, 1.1901
Effective October 9, 2009 |
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New Rules and forms (4849 kb) |
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| Iowa Court Rules (August 10, 2009) |
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Oral Argument, Rule 21.24
Effective immediately |
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Amended rule (273 kb) |
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| Iowa Court Rules (August 10, 2009) |
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Admission to the Bar
Rules 31.12, 35.1, 39.14, 42.7, 47.3, and 47.5
Amended, effective immediately
Rule 47.6 adopted
Old Rules 47.6-47.12 renumbered
Effective immediately |
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Order and amendments (1847 kb) |
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| Iowa Court Rules (July 27, 2009) |
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Rules 35.19, 35.20, 35.21
Filing Certificates of Noncompliance
Effective immediately |
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Amended Rules (1831 kb) |
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| Iowa Court Rules (June 29, 2009) |
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Service by e-mail
Iowa Rule of Civil Procedure 1.453
Iowa Rule of Criminal Procedure 2.34
Temporarily amended, effective immediately
Permanently effective August 28, 2009
Emancipation of minors
Rules of Juvenile Procedure 8.35
Temporarily adopted, effective immediately
Permanently effective August 28, 2009
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Supervisory Order and amendments (768 kb) |
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| Iowa Rules of Appellate Procedure 6.701(7) (June 29, 2009) |
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Service by e-mail
Rule 6.701(7)
Effective immediately |
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Order and rule (201 kb) |
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| Iowa Court Rules ( June 3, 2009) |
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Organization of Appellate Courts; Judicial Administration
Rules 21.24(3) and 22.30 are amended
Effective immediately |
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Amended rules (586 kb) |
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| Iowa Court Rules (June 3, 2009) |
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Admission to the Bar
Rule 31.18 adopted
Rules 31.14 and 31.25 forms 1 and 2 are amended
Effective immediately |
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Chapter 31 (4765 kb) |
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| Iowa Court Rules (April 9, 2009) |
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31.2 Admission to the Bar
Effective immediately |
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Amended Rule (336 kb) |
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| Iowa Court Rules (April 9, 2009) |
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25.5 Expanded Media Coverage
Effective immediately |
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Amended Rule (318 kb) |
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| Iowa Court Rules (April 9, 2009) |
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9.8(2) Child Support Guidelines
Correction to guidelines that take effect on July 1 |
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Amended Rule (251 kb) |
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| Iowa Court Rules (April 3, 2009) |
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Iowa Rules of Evidence
5.502 Attorney-Client Privilege and Work Product
5.615 Exclusion of witnesses
5.803 Hearsay exceptions
5.804 Hearsay exceptions
5.807 Residual Exception
Effective June 1, 2009 |
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new Rules of Evidence (1527 kb) |
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| Iowa Rules of Criminal Procedure (April 3, 2009) |
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Rule 2.4(6), 2.5(3) and 2.11(11)
Temporarily amended, effective immediately
Permanently effective June 1, 2009 |
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Supervisory Order and amendments (2049 kb) |
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| Iowa Court Rules (March 25, 2009) |
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Amendments to Rules of Evidence 5.803, 5.902, and 5.1101
Effective May 25, 2009 |
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Amendments to Chapter 5 (940 kb) |
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| Iowa Court Rule 12.36 (March 9, 2009) |
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Forms 32 and 33
Effective May 11, 2009 |
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Forms (663 kb) |
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| Iowa Rules of Criminal Procedure 2.4(6) and 2.5(3) (December 23, 2008) |
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Minutes of evidence--witness information
Temporarily amended, effective immediately
Effective February 23, 2009 |
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Chapters 2.4(6) and 2.5(3) (619 kb) |
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Iowa Court Rules Chapter 6-Appellate Rules (October 31, 2008)
Iowa Rules of Civil Procedure 1.1010 and 1.1401 - 1.1412
Iowa Rule of Criminal Procedure 2.73
Iowa Rule of Juvenile Procedure 8.21 |
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Effective January 1, 2009 |
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Chapter 6 and Amended Rules (30755 kb) |
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| Iowa Court Rules Chapters 22 and 51 (October 31, 2008) |
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Senior judge program
Effective January 1, 2009 |
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Chapters 22 and 51 (1610 kb) |
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| Iowa Court Rules 31.12 and 31.13 (October 16, 2008) |
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Admission on motion
Effective immediately |
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Rules 31.12 and 31.13 (1183 kb) |
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| Iowa Court Rules Chapters 12 and 13 (October 1, 2008) |
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Involuntary commitment proceedings
Effective December 15, 2008 |
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Chapters 12 and 13 (1081 kb) |
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| Iowa Rule of Civil Procedure 1.422 (July 31, 2008) |
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Protected information
Effective October 1, 2008 Delayed until further order |
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Rule 1.422 (141 kb) |
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| Iowa Rules of Civil Procedures 1.903 and Rule 1.1901 Form 12 (July 31, 2008) |
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Trial of issues
Court Reporter memorandum
Effective October 1, 2008 |
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Rule 1.1901 and Rule 1.1901 Form 12 (143 kb) |
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| Iowa Court Rules Chapter 23 (June 27, 2008) |
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Time Standards for case processing, notice of civil trial-setting conference and trial scheduling order
Effective September 1, 2008 |
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Chapter 23 (1836 kb) |
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| Iowa Rules of Civil Procedures 1.906 (June 27, 2008) |
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Civil trial-setting conference
Effective September 1, 2008 |
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Rule 1.906 (452 kb) |
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| Iowa Rule of Civil Procedure 1.1901 and Iowa Rule of Criminal Procedure 2.32 (June 26, 2008) |
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Rule of Civil Procedure 1.901 forms 8 and 9
Rule of Criminal Procedure 2.32 forms 1 and 2
Temporary adoption of amendments by supervisory order
Permanent effective date September 1, 2008 |
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Rules 1.1901 and 2.32 (1350 kb) |
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| Approved Iowa court forms for child support modification (June 16, 2008) |
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Order (128 kb) |
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News Releases -
Crime and the Courts
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Written by Dawn Thomas
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Friday, 18 May 2012 15:05 |
DAVENPORT, IA - On May 18, 2012, Ronald Ronnell Hearn, age 28, of Rock Island, Illinois, was sentenced to 12 months of imprisonment for one count of escape from federal custody, announced United States Attorney Nicholas A. Klinefeldt. Chief United States District Judge James E. Gritzner also ordered Hearn to serve a term of supervised release of 3 years following his incarceration and pay an assessment of $100 to Crime Victims Fund.
On Tuesday, November 08, 2011, after having been released from the Federal Bureau of Prisons to the custody of the Residential Re-Entry Center in Davenport, Iowa, Hearn left the facility, ostensibly to look for a job in Rock Island, but failed to return. His GPS tracking bracelet was found by law enforcement in an open field after having been cut off and discarded.
After Hearn was declared an escapee and his image was broadcast on local television stations, he turned himself in to police.
This investigation was conducted by the United States Marshals Service, the Illinois State Police, the Rock Island, Illinois, Police Department, the Rock Island County Sheriff’s Office, the East Moline, Illinois, Police Department, the Davenport, Iowa, Police Department, and the Illinois Department of Corrections. The case was prosecuted by the United States Attorney’s Office, Southern District of Iowa.
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News Releases -
Crime and the Courts
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Written by Dawn Thomas
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Friday, 18 May 2012 15:02 |
DAVENPORT, IA - On May 18, 2012, Kerry Bernard Morgan, age 43, from Davenport, Iowa, was sentenced to 41 months of imprisonment by Chief United States District Court Judge James E. Gritzner, having previously pleaded guilty to felon in possession of a firearm, announced United States Attorney Nicholas A. Klinefeldt. Morgan also was ordered to serve three years of supervised release and pay $100 towards the Crime Victims Fund.
On September 2, 2011, the Davenport Police Department executed a search warrant at Morgan’s residence in Davenport, seizing a .357 handgun and ammunition, marijuana, digital scales, cash and drug packaging material. Morgan had prior felony convictions, including a conviction for burglary.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Davenport Police Department. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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News Releases -
Crime and the Courts
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Written by Iowa Judicial Branch
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Friday, 18 May 2012 14:48 |
| Notice: The opinions posted on this site are slip opinions only. Under the Rules of Appellate Procedure a party has a limited number of days to request a rehearing after the filing of an opinion. Also, all slip opinions are subject to modification or correction by the court. Therefore, opinions on this site are not to be considered the final decisions of the court. The official published opinions of the Iowa Supreme Court are those published in the North Western Reporter published by West Group. |
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| Opinions released before April 2006 and available in the archives are posted in Word format. Opinions released after April 2006 are posted to the website in PDF (Portable Document Format). Note: To open a PDF you must have the free Acrobat Reader installed. PDF format preserves the original appearance of a document without requiring you to possess the software that created that document. For more information about PDF read: Using the Adobe Reader. |
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| For your convenience, the Judicial Branch offers a free e-mail notification service for Supreme Court opinions, Court of Appeals opinions, press releases and orders. To subscribe, click here. |
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| NOTE: Copies of these opinions may be obtained from the Clerk of the Supreme Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, IA 50319, for a fee of fifty cents per page. |
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| No. 11–0444 |
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| ROBERT M. JOHNSON, Trustee of the Robert M. Johnson Revocable Living Trust, and KATHRYN M. ZIMMER vs. DES MOINES METROPOLITAN WASTEWATER RECLAMATION AUTHORITY, Acting by and Through its Operating Contractor, the City of Des Moines |
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| No. 11–2114 |
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| IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. THOMAS G. McCUSKEY |
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| No. 12–0228 |
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| IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. KAREN A. TAYLOR |
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