Polk County Justice of the Peace Courts Filing Timing and Cure Windows

CRITICAL

Applies to

Objection to motion to retain

An objection to a motion to retain must state its basis in writing within three days after service of the motion.

(c) Parties objecting to a motion to retain shall state in writing the basis for any objection to the motion to retain within 3 days of service of a motion to retain.

CRITICAL

Deadline

10 working days

Applies to

Motion to retain

A motion to retain must be filed at least 10 working days before the dismissal date specified in the notice.

(a) Motions to retain shall be filed with the court at least 10 working days prior to the date specified in the notice of dismissal for want of prosecution.

CRITICAL

A civil jury-trial request must be written and filed no later than 14 days before trial; an untimely demand waives the jury right unless the judge excuses the late filing for good cause.

A party requesting a civil jury trial shall file a written request with the court in which the case is filed no later than 14 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived unless the late filing is excused by the judge for good cause.

CRITICAL

Pretrial motions must be filed 21 days before the hearing.

Pretrial motions must be filed and served on the County Attorney 21 days prior to any such hearing.

CRITICAL

An eviction jury-trial request must be written and filed at least 3 days before trial; an untimely demand waives the jury right.

A party requesting an eviction jury trial shall file a written request with the court in which the case is filed at least 3 days before the date a case is set for trial. If the demand is not timely, the right to a jury is waived.

CRITICAL

A defendant has 10 days to object in writing to a criminal-case transfer.

b) The defendant has 10 days to object in writing to the transfer.

CRITICAL

A party has 10 days from the date of notice to file a motion objecting to a mediation referral.

Any party receiving notice of a referral to mediation has 10 days from date of notice to file a motion objecting to the referral.

CRITICAL

Applies to

Exceptions motions and pleas

In non-jury cases, exceptions, motions, and pleas must be filed three days before the scheduled trial.

For all non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.

CRITICAL

In non-jury cases, all exceptions, motions, and pleas must be filed three days before the scheduled trial.

For non-jury cases all exceptions, motions and pleas must be filed three days before the scheduled trial before the court.

WARNING

If a date specified in these rules falls on a court holiday, the applicable date is the first date following the holiday.

When any date mentioned in these rules falls on a court holiday then the applicable date shall be the first date following the holiday.