Polk County District Court, Iowa Document Filing Requirements

CRITICAL

Applies to

Decree

If the case settles before trial, the parties or counsel must submit a Decree to the Court for approval.

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.

CRITICAL

Applies to

Motion

If the parties conclude that a special jury pool is necessary, they must file a motion with a proposed questionnaire if applicable at least six weeks before 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.

CRITICALCriminal cases

Applies to

Order following arraignment

For cases assigned to DCC2 or DCC3, the Order Following Arraignment must include the initial pretrial conference and trial dates.

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.

CRITICAL

Applies to

Chapter 17 self represented litigant forms and decree forms

The parties and the court must use the specified self-represented-litigant and decree forms.

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.

CRITICAL

Applies to

Pretrial documents

The pretrial checklist identifies required documents for the parties to submit, including forms that apply only in specified cases.

The parties submitted the following required documents to the Court:

CRITICAL

Applies to

Expert witness information

The name and business address of each expert witness must be filed with the court by the stated deadline.

The name and business address for any expert witness (doctors, counselors, etc) must be filed with the court no later then .

CRITICAL

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.

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.

CRITICAL

Applies to

Updated forms

If information has changed since filing, updated forms must be filed and/or brought to court at trial.

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.

CRITICAL

Applies to

Motion

The motion form calls for a certification that its statements are true and that a copy was mailed to the opposing party’s attorney or, if 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

CRITICAL

Applies to

Appointment of counsel notice

Appointment-of-counsel notices must state the date, time, and place of the next scheduled hearing.

All appointment of counsel notices shall include the date, time and place for the next scheduled hearing.

CRITICAL

Applies to

Financial affidavit

Each party must file a financial affidavit.

Financial affidavits must be filed by each party.

CRITICAL

Applies to

Proposed parenting plan

In cases with children, each party must file a proposed parenting plan.

Proposed Parenting Plans must be filed by each party (in cases with children).

CRITICAL

Applies to

Needed documents

The selected Petitioner or Respondent must file the needed documents within the number of days specified in the order or may face further sanctions.

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).

CRITICAL

Applies to

Financial affidavit and proposed parenting plan

The parties must ensure their financial affidavits and, in cases with children, proposed parenting plan are accurate on the day of trial.

The parties must make sure their financial affidavits and proposed parenting plan (in cases with children) are accurate on the day of trial.

CRITICAL

Applies to

Motion

When relying on a protective or no-contact order, attach a copy or provide the case name, case number, issuing county, and issuance date.

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):

WARNINGCivil cases

Applies to

Written application

An application for additional compensation must be written and show that the compensation provided by 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.

WARNING

Applies to

Motion

When both parties are self-represented, they are automatically scheduled for an Informal Family Law Trial; a party seeking a traditional trial must file a motion showing good cause, which the judge may grant or deny.

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.