Iowa Civ Pro Blog

Recent Posts from Iowa Civ Pro Blog

• Service by Certified Mail in Residential FED Actions Unconstitutional

  Iowa residential landlords can no longer expect to evict a tenant by a FED action in which notice to the tenant is only provided by certified mail. If a landlord wants to evict a tenant…

• Amended Subpoena Rules and Forms Take Effect October 9, 2009

  On August 10, 2009, the Iowa Supreme Court amended a number of civil procedure rules, including rules related to civil subpoenas. Rule 1.1701 is substantially rewritten. However, the changes are largely reformatting and rewording from…

• Iowa's 6th Judicial District Adopts New Local Rules

  Six of Iowa's eight judicial districts have local rules to which attorneys need to adhere. The two holdouts have been the 4th (which includes Pottawattamie County) and 6th judicial districts. On July 27, the 6th…

• Iowa Supreme Court Allows Clerks to Email Orders and Notices

  On June 29, 2009, the Iowa Supreme Court entered a supervisory order authorizing the clerks of court to email -- rather than mail -- judgments, orders, decrees, and notices. The authorization occurs through an amendment…

• Iowa Supreme Court Upholds Sanctions Against Attorney for Filing Frivolous Claims

  A 3-2 majority of the Iowa Supreme Court (with 2 justices not taking part) delivered a $25,000 reminder to Iowa attorneys on May 1 to not file frivolous claims. The offending attorney had filed several…

• An Affidavit May Serve as a Substitute for a Statement of Disputed Facts

  The Iowa Court of Appeals has determined that an affidavit may serve the purpose and as an effective substitute for a statement of disputed facts in resistance to a summary judgment motion. Iowa Rule of…

• Use the Right Font Size in Your Appeal Briefs

  In a postscript to one of its opinions issued February 4 (Hilsman v. Phillips, No. 9-1031 / 08-0289), the Iowa Court of Appeals scolded the plaintiffs’ attorney for using too small of a font in…

• The Court Does Not Have to Set a Date for Hearing or Nonoral Submission of a Summary Judgment Motion

  Iowa Rule of Civil Procedure 1.981(3), part of the summary judgment rules, states in part: “[T]he time fixed for hearing or nonoral submission shall be not less than 20 days after the filing of the…

• Follow the Appellate Rules on Form of Briefs or Have Your Appeal Issues Ignored

  In Schmidt v. Seaba, decided January 22, 2009, the Iowa Court of Appeals in essence ignored the appeal issues presented by the appellant because “he failed to follow the Iowa Rules of Appellate Procedure that…

• Clients Must Approve Trial Continuances in Writing

  Scheduled civil trials are routinely continued in Iowa, often with the consent of everyone involved. Procedurally, though, a client must consent in writing to the continuance, unless the court waives the written approval. Iowa Rule…