Des Moines, May 7, 2012–Iowans who choose to represent themselves in small claims court will find it easier to do so with the help of new, easy-to-use forms. The Iowa Supreme Court approved a large number of new forms to help Iowans navigate the ins and outs of a small claims court case, from beginning to end. The court also updated some existing forms by making them easier to understand and use.

 

"More and more people are going to court without the assistance of lawyers. Representing yourself is never an easy thing to do. However, the new forms should help," said Iowa Court of Appeals Judge David Danilson, who is co-chair of the committee that designed the forms. "These forms are all a person needs to complete a routine small claims case without the aid of a lawyer."

 

The small claim process is a low-cost, simple process for resolving civil disputes without going through extensive court proceedings. In a small claims case, a person can file a suit for nearly any civil claim against another party, such as for breach of contract, damages suffered in an accident, and landlord tenant disputes, so long as the claim is for $5000 or less. Small claims cases are tried before a judge, not a jury, and without strict regard to the technicalities of rules of procedure. More information about small claim procedures is available on the Iowa Judicial Branch website at: http://www.iowacourts.gov/Representing_Yourself/Civil_Law/Small_Claims/.

 

The new and updated forms may be used starting today. Lawyers and litigants currently using the old forms may continue to do so through June 30. Beginning July 1, 2012, the new forms must be used exclusively in all small claims cases. The forms are available on the Iowa Judicial Branch website at: http://www.iowacourts.gov/Court_Rules_and_Forms/Recent_Amendments__New_Rules/ .

 

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Des Moines, April 4, 2012 – On Wednesday, April 11, the Iowa Supreme Court will visit eight high schools in the Quad-Cities area to talk with students about the role of the courts. The justices will visit with students at West, Central, and Assumption High Schools in Davenport; Bettendorf, and Pleasant Valley High Schools, and Rivermont Collegiate in Bettendorf; North Scott High School in Eldridge; and Clinton High School in Clinton.

 

High school visit schedule for April 11:

7:45 a.m.–Justice Daryl Hecht will visit Davenport Central High School

8:40 a.m.–Justice Edward Mansfield will visit North Scott Senior High School

9:00 a.m.–Justice David Wiggins will visit Davenport West High School

9:00 a.m.–Justice Thomas Waterman will visit Pleasant Valley High School

9:00 a.m.–Justice Bruce Zager will visit Clinton High School

9:20 a.m.–Justice Brent Appel will visit Davenport Assumption High School

10:00 a.m.–Chief Justice Mark Cady will visit Bettendorf High School

11:00 a.m.–Justice Thomas Waterman will visit Rivermont Collegiate

 

News media wishing to cover a justice visit to either Davenport West or Davenport Central High Schools must first contact Davenport Community School District Communication Specialist Dawn Saul at saulda@davenportschools.org or 563-336-5088.

 

The school visits are in conjunction with a special session of the supreme court in the Quad Cities on the evening of April 10. The court will hear oral arguments in two cases in the Pleasant Valley High School auditorium. This session begins at 7 p.m. As always, oral arguments are open to the public.

 

Special Session

Tuesday, April 10, at 7 p.m.

Pleasant Valley High School auditorium

604 Belmont Road

Bettendorf, Iowa

 

The court will hear attorneys argue in two cases.

 

11-0834 Lewis vs. The City of Dubuque

Plaintiff appeals the decision of the Iowa District Court for Dubuque County dismissing her claim that she was illegally evicted from her apartment. Plaintiff often used her gas oven, with door open, to heat her apartment and left water running for extended periods. Acting under a Dubuque City Ordinance, the landlord changed the locks to the apartment and moved plaintiff's possessions to the front step. Plaintiff contends the city ordinance violates her due process rights and is preempted by Iowa's Uniform Residential Landlord Tenant Act (URLTA). Defendant argues that Iowa's URLTA was not meant to prohibit cities from addressing such emergency situations.

 

The attorney representing the appellant is Raymond Johnson, West Des Moines, and the attorneys representing the appellee are Cory Thein, Dubuque, and Leslie Reddick, Dubuque.

 

11-1581 Dier vs. Peters

Should Iowa recognize a cause of action for paternity fraud? Plaintiff seeks reimbursement from the mother of a child plaintiff financially and emotionally supported, claiming the mother knew plaintiff was not the father of the child. The parties were never married. Plaintiff claims the mother led him to believe he was the child's biological father, and that only after a custody evaluation was favorable to him did the mother announce that he was not the father. The mother argues the court should reject such claims when the plaintiff declined paternity confirmation and voluntarily supported the child. Plaintiff appeals the Iowa District Court for Grundy County decision dismissing plaintiff's claim.

 

The attorney representing the appellant is Barry Kaplan, Marshalltown, and the attorney representing the appellee is Lynn Wiese, Iowa Falls.

 

Public Reception

There will be a public reception sponsored by the Scott County Bar Association in the Pleasant Valley High School cafeteria immediately following the court proceedings.

 

More Information

Attorneys' briefs for the two cases and a "Guide to Oral Arguments" are posted on the Iowa Judicial Branch website at: http://www.iowacourts.gov/Supreme_Court/Offsite_Oral_Arguments/.

 

Note to Editors: News media are invited to attend the oral arguments. Court rules regarding expanded media coverage apply.

 

 

 

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