Polk County District Court, Iowa
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
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Phone
Duty Judge
Document Format Requirements1 rule
A daily posting of each juvenile courtroom’s docket shall identify the time and first and last initial of the child(ren)’s name. The schedule shall not indicate the type of proceeding being held.
Formatting
- •The schedule must not indicate the type of proceeding being held
Document Filing Requirements17 rules
Financial affidavits must be filed by each party.
Proposed Parenting Plans must be filed by each party (in cases with children).
If applicable, the affidavit of financial status, child support guidelines worksheet, Children in the Middle certificate, and Iowa Center for Children’s Justice workshop certificate must be completed and filed by the pretrial conference.
Court's wording
Specific documentation is to have been completed by the pretrial conference, which is initially scheduled approximately 90 days after filing. The purpose of the pretrial conference is to verify that this documentation (affidavit of financial status, child support guidelines worksheet, Children in the Middle certificate, and Iowa Center for Children’s Justice workshop certificate) have been filed, if applicable, and to identify the contested issues for trial.
B. If the parties conclude a special jury pool is necessary, the parties shall file a Motion requesting a special jury pool, along with a proposed questionnaire, if applicable, not less than six (6) weeks prior to the scheduled trial date.
The parties and the court must use the specified self-represented-litigant and decree forms.
Court's wording
The parties and the court shall continue to utilize the forms for self-represented litigants found in chapter 17 of the Iowa Court Rules, as well as the decree forms for cases with and without children.
All appointment of counsel notices shall include the date, time and place for the next scheduled hearing.
The parties submitted the following required documents to the Court:
In addition Petitioner/Respondent (please circle) shall file the needed documents within days or further sanctions may be imposed, as provided under Iowa Rules of Civil Procedure 1.602(5).
The name and business address for any expert witness (doctors, counselors, etc) must be filed with the court no later then .
If something has changed since you filed your documents, you must file and/or bring updated forms to court at the time of your trial.
The parties must make sure their financial affidavits and proposed parenting plan (in cases with children) are accurate on the day of trial.
If the case settles before trial, the parties or counsel must submit a Decree to the Court for approval.
Court's wording
If this case is settled before trial, the parties/counsel shall immediately notify the Family Law Case Coordinator (Polk County 515-286-3930 or Rural Case Coordinator 515-286-3859) and shall submit a Decree to the Court for approval within thirty (30) days of settlement.
_______(check here) I CERTIFY THAT THE STATEMENTS IN THIS MOTION ARE TRUE AND CORRECT, AND I HAVE MAILED A COPY OF THIS MOTION TO THE OTHER PARTY’S ATTORNEY OR TO THE OTHER PARTY IF UNREPRESENTED BY AN ATTORNEY
A copy of the order is attached to this application. (If an order is not attached, provide the name of the case, case number, county in which the order is issued, the date of issuance):
For cases assigned to DCC2 or DCC3, the Order Following Arraignment must include the initial pretrial conference and trial dates.
Court's wording
The Felony Case Coordinator (for out-of- custody defendants) and Jail Case Coordinator (for in-custody defendants) shall prepare the Order Following Arraignment for all cases that will be assigned to DCC2 and DCC3. The Order Following Arraignment shall include the initial pretrial conference and trial dates.
If both parties to a family law case are self-represented, they will automatically be scheduled for an Informal Family Law Trial. This is an opt-out type of trial for those parties. If a party does not want an Informal Family Law Trial, he or she will have to file a motion showing good cause and a judge will have the discretion to rule on the motion.
- Document
- Motion
Include
- •Showing good cause
The Court may allow additional compensation upon written application showing that the compensation provided for in this rule is grossly inadequate.
Filing & Service rules
Electronic Filing Rules
Judges must file all orders with the Clerk of Court through EDMS in a timely manner.
Judges shall file all orders with the Clerk of Court on a timely basis via EDMS.
Page 2 | 4. Case Management
Pleadings, orders, and other documents required by law in juvenile proceedings must be filed with the Clerk of Court through EDMS.
All pleadings, orders, and other documents required by law to be filed in juvenile proceedings shall be filed with the Clerk of Court via EDMS.
Page 2 | 6. Records Management
Email the completed application and all mediation-training completion certificates to the listed address.
Email completed application and copies of all certificates of completion of mediation training to Hailey.Eskra@iowacourts.gov.
Civil cases
Page 1 | Application for Admission to Roster of Mediators for Family Law and/or Probate Cases
Filing Timing and Cure Windows
Removal orders signed after hours, on weekends, or on holidays must be filed by the County Attorney with the Clerk of Court on the next business day.
After regular hours and on weekends and holidays, the judge may sign removal orders and the same shall be filed by the County Attorney with the Clerk of Court on the next business day.
Page 3 | 6. Removal Hearings
The County Attorney must file removal applications, CINA petitions, and Chapter 232 modifications with the Clerk of Court during regular business hours.
During regular business hours, the County Attorney shall file applications for removal, CINA petitions and/or modifications under Iowa Code Chapter 232 with the Clerk of Court.
Page 3 | 6. Removal Hearings
The County Attorney or Juvenile Court Officer must apply for a detention hearing as soon as practicable after a juvenile is detained.
The County Attorney or Juvenile Court Officer shall apply for a detention hearing as soon as practicable upon the detention of a juvenile.
Page 4 | 7. Detention Hearings
For delinquency cases, the assigned Juvenile Court Officer must file all required reports at least ten calendar days before the pending hearing.
For all delinquency cases, the assigned Juvenile Court Officer shall file all required reports with the Court no later than ten (10) calendar days before the date of the pending hearing.
Page 4 | 8. Department of Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
For CINA cases, the assigned Department of Human Services staff member must file the required reports at least ten calendar days before the pending hearing.
For all CINA cases, the assigned Department of Human Services staff member shall file with the Court reports required by Iowa Code Section 232.97 no later than ten (10) calendar days before the date of the pending hearing.
Page 4 | 8. Department of Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
If applicable, the specified family-law documentation must be completed and filed by the pretrial conference.
Specific documentation is to have been completed by the pretrial conference, which is initially scheduled approximately 90 days after filing. The purpose of the pretrial conference is to verify that this documentation (affidavit of financial status, child support guidelines worksheet, Children in the Middle certificate, and Iowa Center for Children’s Justice workshop certificate) have been filed, if applicable, and to identify the contested issues for trial.
Page 1 | How does the program work?
A motion requesting a special jury pool must be filed at least six weeks before the scheduled trial date.
B. If the parties conclude a special jury pool is necessary, the parties shall file a Motion requesting a special jury pool, along with a proposed questionnaire, if applicable, not less than six (6) weeks prior to the scheduled trial date.
Page 1 | Requirements
Affidavits and expert reports must be filed at least five days before trial.
Any affidavits or reports shall be filed with the court at least five (5) days in advance of trial.
Page 2 | Implementation of Informal Family Law Trial Program
For the after-hours, weekend, and holiday emergency process described, the County Attorney shall file the application on the next business day.
After regular hours and on weekends and holidays, “on call” Judges may sign removal or other emergency orders. However, police officers also have authority in accordance with the Iowa Code to do emergency removals. On the next business day, the County Attorney shall file the application, the Clerk shall follow the above procedure and the case shall remain on the docket of the assigned judge.
Page 3 | 2. Polk County Juvenile Court Dockets
The Polk County Attorney shall file the specified CINA petitions, modifications, and no-contact order applications during regular business hours.
During regular business hours, the Polk County Attorney shall file CINA petitions and/or modifications under Iowa Code Chapter 232 and Applications for Ex Parte No- Contact Orders under Chapter 232 with the Clerk of Court.
Page 3 | 2. Polk County Juvenile Court Dockets
For same-day detention hearings, delinquency petitions must be filed by 10:00 a.m. Monday through Friday during regular business hours.
During regular business hours Monday through Friday, the County Attorney shall file delinquency petitions with the Clerk of Court no later than 10:00 a.m. for same day detention hearings and before 3:45 p.m. for next day hearings.
Page 3 | 8. Delinquency (Including Detention) Procedures
The assigned Juvenile Public Defender or Youth Law Center attorney must file an appearance within five business days of appointment.
The Juvenile Public Defender or Youth Law Center attorney assigned to the case shall file an appearance within five (5) business days of the appointment.
Page 5 | 10(b). Protocol for Appointment in New Delinquency Cases
In delinquency cases, the assigned Juvenile Court Officer must file required reports at least seven calendar days before the pending hearing.
For all delinquency cases, the assigned Juvenile Court Officer shall file required reports with the Court no later than seven (7) calendar days before the date of the pending hearing.
Page 6 | 11. Iowa Department of Health and Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
In CINA cases, the assigned Iowa Department of Health and Human Services staff member must file required reports at least seven calendar days before the pending hearing.
For all Child in Need of Assistance cases, the assigned Iowa Department of Health and Human Services staff member shall file reports pursuant to Iowa Code Section 232.97 no later than seven (7) calendar days before the date of the pending hearing.
Page 6 | 11. Iowa Department of Health and Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
Arraignments are scheduled 50 days after the initial appearance.
As a result, the court vacates Administrative Order 2015-32 and reinstates the prior schedule for arraignments; namely, that they will be scheduled 50 days after the initial appearance.
Criminal cases
Page 1 | IN RE: SCHEDULING OF ARRAIGNMENTS IN POLK COUNTY CRIMINAL CASES
A scheduled arraignment must take place after the trial information is filed; otherwise, the case is subject to dismissal under the speedy indictment rule unless good cause is found.
This will ensure that any scheduled arraignment will take place after the filing of the trial information or be subject to dismissal under the speedy indictment rule (absent a finding of good cause).
Criminal cases
Page 1 | IN RE: SCHEDULING OF ARRAIGNMENTS IN POLK COUNTY CRIMINAL CASES
If the case settles before trial, the parties or counsel must submit a Decree to the Court for approval within 30 days of settlement.
If this case is settled before trial, the parties/counsel shall immediately notify the Family Law Case Coordinator (Polk County 515-286-3930 or Rural Case Coordinator 515-286-3859) and shall submit a Decree to the Court for approval within thirty (30) days of settlement.
Page 2 | Order Following Settlement Conference and Scheduling Trial
The clerk must docket pleadings, orders, exhibits, and other matters on ICIS on a timely basis.
The clerk shall docket all pleadings, orders, exhibits and other matters on the ICIS system on a timely basis.
Page 3 | 5. Records Management
Reports may be amended through the time of the hearing.
Amendments to such report shall be permitted through the time of the hearing.
Page 4 | 8. Department of Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
The Clerk must docket all pleadings, orders, exhibits, and other matters on EDMS in a timely manner.
The Clerk shall docket all pleadings, orders, exhibits and other matters on the EDMS system in a timely fashion.
Page 2 | 6. Records Management
Judges must file all orders with the Clerk of Court on a timely basis.
Judges shall file all orders with the Clerk of Court on a timely basis via EDMS.
Page 2 | 4. Case Management
The clerk must docket all orders on EDMS in a timely manner.
The clerk shall docket all orders on EDMS in a timely manner to keep the caseload current for statistical purposes.
Page 2 | 4. Case Management
Amendments and supplements to the reports are permitted and should be filed as soon as possible.
Amendments or supplements to such reports shall be permitted and should be filed as soon as possible.
Page 6 | 11. Iowa Department of Health and Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
For in-custody defendants in indictable misdemeanor cases, the county attorney should endeavor to file the trial information within 30 days after initial appearance.
For defendants in indictable misdemeanor cases who have not been released from custody, the county attorney shall endeavor to file trial informations no later than 30 days after initial appearance so that expedited arraignments can be conducted in the jail court within 30 days after initial appearance.
Criminal cases
Page 1 | IN RE: SCHEDULING OF ARRAIGNMENTS IN POLK COUNTY CRIMINAL CASES
Attorneys may apply by November 1 to be considered for the court appointment list for the following year.
As a result, attorneys may still apply by November 1 to be on the court appointment list for these cases for the following year; however, a limited number of attorneys will routinely be appointed on a more consistent schedule that would involve one attorney having hearings on a given day of the week for the year.
Civil cases
Page 1 | AMENDED ADMINISTRATIVE ORDER 2023-31
The order contemplates that expedited arraignments can be conducted in jail court within 30 days after initial appearance.
so that expedited arraignments can be conducted in the jail court within 30 days after initial appearance.
Criminal cases
Page 1 | IN RE: SCHEDULING OF ARRAIGNMENTS IN POLK COUNTY CRIMINAL CASES
Service and Proof of Service Rules
Before trial begins, each party must provide the judge and the other party with copies of all documents and evidence they plan to submit.
Before the trial starts, each person must give the judge and the other person a X X copy of all documents and other evidence you plan to submit.
Page 3 | DIFFERENCES AT-A-GLANCE
A party wishing to contest a CINA or delinquency proceeding must notify the Court, opposing parties, and the Rural Case Coordinator at least seven calendar days before the hearing.
Any party to a matter who wishes to contest a CINA or delinquency proceeding shall provide notice to the Court, opposing parties and the Rural Case Coordinator no later than seven (7) calendar days before the time of the hearing.
Page 4 | 8. Department of Human Services and Juvenile Court Services Reporting Requirements and Contested Hearing Notices
Before trial, each person must provide the judge and the other party copies of planned documents and evidence; once copies are provided, the material may be submitted without objection by the opposing party.
Before the trial starts, each person must give the judge and the other party a copy of all documents and other evidence you plan to submit. As long as copies have been provided, you can submit any document or testimony for the judge to review without objection by the opposing party.
Page 1 | Order Following Settlement Conference and Scheduling Trial
The Clerk must provide a copy of the order to the Iowa Center for Children’s Justice in addition to others entitled to a copy.
In addition to all other person entitled to a copy of this order, the Clerk shall provide a copy to the following: Iowa Center for Children’s Justice
Page 2 | Order Following Settlement Conference and Scheduling Trial
A copy of the motion is to be mailed to the opposing party’s attorney or, if the party is unrepresented, to the opposing party.
_______(check here) I CERTIFY THAT THE STATEMENTS IN THIS MOTION ARE TRUE AND CORRECT, AND I HAVE MAILED A COPY OF THIS MOTION TO THE OTHER PARTY’S ATTORNEY OR TO THE OTHER PARTY IF UNREPRESENTED BY AN ATTORNEY
Page 1 | MOTION TO WAIVE MEDIATION
The Clerk of Court in each county in Judicial Election Districts 5A and 5B must disseminate a copy of the order to each law enforcement agency in that county.
A copy of this order shall be disseminated by the Clerk of Court of each county in Judicial Election Districts 5A and 5B to each law enforcement agency in their county.
Page 3 | 6. Dissemination of order
Juvenile Court Services must notify all parties of the detention hearing's date, time, and place at the earliest possible time.
At the earliest possible time, Juvenile Court Services shall notify all parties of the date, time and place of the detention hearing as required by Section 232.44.
Page 4 | 7. Detention Hearings
Unserved notices must be returned to the County Attorney for further action.
Unserved notices shall be returned to the County Attorney for further action.
Page 4 | 7. Detention Hearings
The Juvenile Court Officer must complete returns of service and present them to the clerk for the court file.
The Juvenile Court Officer shall complete returns of services and present the paperwork to the clerk for inclusion in the court file.
Page 4 | 7. Detention Hearings
The Clerk must provide a copy of the order to Toni Stevens and Kid’s First, in addition to other persons entitled to a copy.
In addition to all other person entitled to a copy of this order, the Clerk shall provide a copy to the following: Toni Stevens Kid’s First
Page 2 | SANCTIONS
The Fifth Judicial District clerks must send a copy of the signed order to each county’s appointed Inheritance Tax Appraiser.
The Clerks of Court for the Fifth Judicial District shall send copies of this signed order to each of the Inheritance Tax Appraiser appointed for their respective counties.
Civil cases
Page 3
The Fifth Judicial District clerks must send the signed order to each county’s appointed Inheritance Tax Appraiser.
The Clerks of Court for the Fifth Judicial District shall send copies of this signed order to each of the Inheritance Tax Appraiser appointed for their respective counties.
Civil cases
Page 3 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
Filing Fees and Waivers
The probate referee fee is $100.00 for estate assets exceeding $300,000.
Total Assets Fee Exceeding $300,000 $100.00
Civil cases
Page 1 | Probate Referee Fees
The inheritance tax appraiser’s fee is $300.00 for property valued over $1,000,000.
Property Value Appraiser’s Fee Value over $1,000,000 $300.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The probate referee fee is $75.00 for estate assets between $100,000 and $300,000.
Total Assets Fee Between $100,000 and $300,000 $75.00
Civil cases
Page 1 | Probate Referee Fees
The probate referee fee is $45.00 for estate assets between $50,000 and $100,000.
Total Assets Fee Between $50,000 and 100,000 $45.00
Civil cases
Page 1 | Probate Referee Fees
The inheritance tax appraiser’s fee is $250.00 for property valued between $750,000 and $1,000,000.
Property Value Appraiser’s Fee Between $750,000 and $1,000,000 $250.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
In ordinary cases where their services are requested, inheritance tax appraisers must be paid actual mileage at the State rate.
In accordance with Iowa Code 633.21, in ordinary cases where their services are requested, inheritance tax appraisers shall be paid actual mileage at the State rate and the following fees:
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The inheritance tax appraiser’s fee is $125.00 for property valued between $100,000 and $250,000.
Property Value Appraiser’s Fee Between $100,000 and $250,000 $125.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The inheritance tax appraiser’s fee is $70.00 for property valued between $15,000 and $100,000.
Property Value Appraiser’s Fee Between $15,000 and not over $100,000 $70.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The probate referee fee is $15.00 for estate assets under $15,000.
Total Assets Fee Under $15,000 $15.00
Civil cases
Page 1 | Probate Referee Fees
The inheritance tax appraiser’s fee is $175.00 for property valued between $250,000 and $500,000.
Property Value Appraiser’s Fee Between $250,000 and $500,000 $175.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The inheritance tax appraiser’s fee is $225.00 for property valued between $500,000 and $750,000.
Property Value Appraiser’s Fee Between $500,000 and $750,000 $225.00
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The probate referee fee is $25.00 for estate assets between $15,000 and $50,000.
Total Assets Fee Between $15,000 and $50,000 $25.00
Civil cases
Page 1 | Probate Referee Fees
The probate referee fee is $25 when the estate’s total assets are between $15,000 and $50,000.
| When the total assets are between $15,000 and $50,000 | $25.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $100 when the estate’s total assets exceed $300,000.
| When the total assets exceeds $300,000 | $100.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $15 when the estate’s total assets do not exceed $15,000.
| When the total assets do not exceed $15,000 | $15.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $45 when the estate’s total assets are between $50,000 and $100,000.
| When the total assets are between $50,000 and $100,000 | $45.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $75 when the estate’s total assets are between $100,000 and $300,000.
| When the total assets are between $100,000 and $300,000 | $75.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $250 for property valued over $750,000 and not over $1,000,000.
| When the value is over $750,000 and not over $1,000,000 | $250.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
An appraiser providing transportation must receive the prevailing state mileage rate for necessary travel incurred in making the appraisal.
Each appraiser providing transportation shall receive the prevailing state rate for each mile of travel per motor vehicle necessarily incurred in making such appraisal.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $125 for property valued over $100,000 and not over $250,000.
| When the value is over $100,000 and not over $250,000 | $125.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $175 for property valued over $250,000 and not over $500,000.
| When the value is over $250,000 and not over $500,000 | $175.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The Clerk must tax probate referee fees as costs in each probate matter and collect them as other costs.
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.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $225 for property valued over $500,000 and not over $750,000.
| When the value is over $500,000 and not over $750,000 | $225.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
Referee fees must be handled under Iowa Code Section 633.20 when the Clerk is referee, and otherwise paid to the referee or the referee’s designee.
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.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $300 for property valued over $1,000,000.
| When the value is over $1,000,000 | $300.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The Court may award additional compensation if a written application shows that the compensation under the rule is grossly inadequate.
The Court may allow additional compensation upon written application showing that the compensation provided for in this rule is grossly inadequate.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
An appraiser serving as chairperson or clerk may charge postage and up to $30 for preparing and mailing the notice of appraisement.
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 notice of appraisement.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $70 for property valued between $15,000 and not over $100,000.
| When the value is between $15,000 and not over $100,000 | $70.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
For extraordinary time or service, appraisers may apply to the court for approval of reasonable compensation.
In cases requiring extraordinary time or service, the appraisers may make application for court approval of reasonable compensation.
Civil cases
Page 1 | Uniform Inheritance Tax Appraisal Fees
The probate referee fee is $15 when total assets do not exceed $15,000.
| When the total assets do not exceed $15,000 | $15.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $25 when total assets are between $15,000 and $50,000.
| When the total assets are between $15,000 and $50,000 | $25.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $75 when total assets are between $100,000 and $300,000.
| When the total assets are between $100,000 and $300,000 | $75.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $100 when total assets exceed $300,000.
| When the total assets exceeds $300,000 | $100.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
Probate referee fees are calculated from the estate’s gross assets listed in the probate inventory for Iowa Inheritance Tax purposes.
Probate referee fees 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 adopted by rule by a majority vote of the district judges of the Fifth Judicial District:
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The probate referee fee is $45 when total assets are between $50,000 and $100,000.
| When the total assets are between $50,000 and $100,000 | $45.00 |
Civil cases
Page 1 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The court may allow additional compensation if a written application shows that the compensation under the rule is grossly inadequate.
The Court may allow additional compensation upon written application showing that the compensation provided for in this rule is grossly inadequate.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $300 when the value appraised is over $1,000,000.
| When the value is over $1,000,000 | $300.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
Referee fees are handled under Iowa Code Section 633.20 when the clerk is the referee; otherwise, they are payable to the referee or the referee’s designee.
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.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The clerk taxes probate referee fees as costs in each probate matter and collects them like other costs.
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.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $175 when the value appraised is over $250,000 and not over $500,000.
| When the value is over $250,000 and not over $500,000 | $175.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $70 when the value appraised is between $15,000 and not over $100,000.
| When the value is between $15,000 and not over $100,000 | $70.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
An appraiser who provides transportation receives the prevailing state rate for each necessary mile traveled by motor vehicle to make the appraisal.
Each appraiser providing transportation shall receive the prevailing state rate for each mile of travel per motor vehicle necessarily incurred in making such appraisal.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $250 when the value appraised is over $750,000 and not over $1,000,000.
| When the value is over $750,000 and not over $1,000,000 | $250.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
An appraiser serving as chairperson or clerk may charge postage and up to $30 for preparing and mailing the notice of appraisement.
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 notice of appraisement.
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $125 when the value appraised is over $100,000 and not over $250,000.
| When the value is over $100,000 and not over $250,000 | $125.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
The inheritance tax appraiser fee is $225 when the value appraised is over $500,000 and not over $750,000.
| When the value is over $500,000 and not over $750,000 | $225.00 |
Civil cases
Page 2 | IN THE MATTER OF THE APPOINTMENT OF PROBATE REFEREES AND FEES, INHERITANCE TAX APPRAISER FEES, AND OTHER FEES
Pre-Motion Conference Requirements
The parties must appear at the scheduled settlement conference remotely or in person, as selected.
Parties are required to appear remotely/personally (please circle) scheduled on:
Page 2 | SETTLEMENT CONFERENCE
If disputed issues remain after the pretrial conference, the parties must participate in a settlement conference within 45 days, and the order states they have not shown good cause to be excused from program participation.
The parties have not shown good cause to be excused from participation in the Informal Family Law trial Program. If there are disputed issues following the pre-trial conference, you must participate in a settlement conference within 45 days. See your Family Law Requirements Order concerning the requirements for the settlement conference.
Page 2 | SETTLEMENT CONFERENCE
Outstanding trial motions must be heard by the Friday before the Monday trial date, in Courtroom 320, and scheduled on schedule FSTC.
All outstanding trial motions shall be heard not later than on the Friday immediately preceding the Monday trial date and shall be scheduled in Courtroom 320 of the Polk County Criminal Courthouse. Final STC and trial motions shall be scheduled on schedule FSTC.
Page 9 | 3. Scheduling
Adjournment & Extension Requirements
Hearing dates are firm, and continuances may be granted only for specified needs or other good cause shown on the record.
All hearing dates shall be considered firm. Continuances shall not be granted unless the continuance is necessary for the protection of the child, for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause shown on the record.
Page 2 | 3. Case Management
After a special jury pool is confirmed, a trial continuance may be granted only after consultation with and authorization from the Chief Judge or Assistant Chief Judge.
A. If a special jury pool has been confirmed, a trial continuance shall be granted only after consultation with and authorization from the Chief Judge or Assistant Chief Judge.
Page 2 | II. Procedures
Hearing dates are firm, and continuances may be granted only for the stated reasons or other good cause shown on the record.
All hearing dates shall be considered firm. Continuances shall not be granted unless the continuance is necessary for the protection of the child, for accumulation or presentation of evidence or witnesses, to protect the rights of a party, or for other good cause shown on the record.
Page 1 | 4. Case Management
Felony cases are generally expected to proceed from arrest to trial within six months, and continuances should be granted only upon a showing of good and compelling cause.
As a guideline, felony cases shall be disposed within six months from arrest to trial as set forth in the Rule 23.2(1)(a) of the Time Standards For Case Processing. Motions for continuance are discouraged. A motion for continuance should not be granted except upon a showing of good and compelling cause.
Criminal cases
Page 7 | B. DCC2 - Courtroom 310 Criminal Courthouse (Felony Trials – Even) / DCC3 - Courtroom 410 Criminal Courthouse (Felony Trials – Odd)
For good cause to exceed the time standards, the Court may extend the time for trial, but not beyond twelve months from arrest to trial.
Pursuant to Rule 23.2(2) of the Time Standards for Case Processing, if a party demonstrates good cause for exceeding the time standards set forth in rule 23.2(1), the Court may order an extension of the time for trial not to exceed twelve months from arrest to trial.
Criminal cases
Page 7 | B. DCC2 - Courtroom 310 Criminal Courthouse (Felony Trials – Even) / DCC3 - Courtroom 410 Criminal Courthouse (Felony Trials – Odd)
Continuances are the exception rather than the rule.
Continuances are the exception, not the rule.
Page 1 | Order Following Settlement Conference and Scheduling Trial
Magistrate Court trials must proceed continuously and may not be interrupted or continued because the magistrate serves part-time.
Trials in Magistrate Court shall be continuous sessions and shall not be interrupted or continued due to the part-time nature of the Magistrate’s appointment.
Page 2 | 2. Magistrate Court sessions and magistrate availability
Chambers Communication Rules
Calls concerning emergency judicial business in Polk County must be placed to the judge on duty through the judge’s home number or a cell phone provided through Des Moines Police Dispatch.
In Polk County, calls for mental health and substance abuse commitments, search warrants and other emergency judicial business shall be placed to the judge at his or her home number or on a cell phone provided for that purpose through Des Moines Police Dispatch.
Page 1 | After Hours Emergency On-Call Duty Schedule – Weekly Duty Roster for 2026
A special jury pool may be used only after consultation with and authorization from the Chief Judge or Assistant Chief Judge.
C. Special jury pools shall be utilized only after consultation with and authorization from the Chief Judge or Assistant Chief Judge.
Page 1 | Requirements
The Judicial Assistant must contact the Clerk of Court with the waiver order and petition to initiate a criminal case.
The Judicial Assistant shall contact the Clerk of Court with a copy of the waiver order and the petition and a criminal case will be immediately opened.
Page 7 | 13. Protocol for Juveniles Waived to Adult Court
If this case is settled before trial, the parties/counsel shall immediately notify the Family Law Case Coordinator (Polk County 515-286-3930 or Rural Case Coordinator 515-286-3859) and shall submit a Decree to the Court for approval within thirty (30) days of settlement.
If this case is settled before trial, the parties/counsel shall immediately notify the Family Law Case Coordinator (Polk County 515-286-3930 or Rural Case Coordinator 515-286-3859) and shall submit a Decree to the Court for approval within thirty (30) days of settlement.
Page 2 | Order Following Settlement Conference and Scheduling Trial
If neither docket is available, the Fel. CC must contact the Civil Case Coordinator to reassign the conference to a civil-bench judge.
if neither DCC2 nor DCC3 are available, the Fel. CC shall contact the Civil Case Coordinator who shall reassign the PTC or Final STC to a judge assigned to the civil bench, consistent with the prioritization set forth in Administrative Order 2025-44.
Criminal cases
Page 6 | 5. Miscellaneous
If the reporter cannot or will not provide daily copy, the trial judge should communicate that decision to counsel.
If the court reporter is not willing or unable to provide daily copy, that decision should be communicated by the trial judge to counsel.
Page 1 | Requests for Daily Copy During Trials
Counsel should direct daily-copy requests to the assigned trial judge, who confers with the reporter; requests should be made by the final pretrial conference or, if none is scheduled, at least ten days before trial.
A request for daily copy during a trial should be directed to the assigned trial judge, not the official court reporter. The judge shall confer with the court reporter, who will be given the opportunity to agree to provide daily copy, refuse the request or provide an alternative to daily copy via technology such as real-time reporting. Any request for daily copy should be made no later than the time of the final pretrial conference, or ten (10) days prior to trial if a final pretrial conference has not been scheduled.
Page 1 | Requests for Daily Copy During Trials