Polk County District Court, Iowa Filing Timing and Cure Windows

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

10 calendar days

Applies to

Report

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.

CRITICAL

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.

CRITICAL

Deadline

7 calendar days

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.

CRITICALCriminal 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).

CRITICAL

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.

CRITICAL

Deadline

7 calendar days

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.

CRITICAL

Deadline

10 calendar days

Applies to

Report

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNINGCivil 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.

WARNING

Applies to

Report

Reports may be amended through the time of the hearing.

Amendments to such report shall be permitted through the time of the hearing.

WARNING

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.

WARNINGCriminal cases

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.

INFOCriminal cases

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.