Court Rules and Procedures Effective Filing. Successful electronic transmission of a document to the electronic filing system and the eFiler's receipt of the automatically generated notice verifying electronic receipt of the submisssion by the Court shall constitute filing under the Iowa General Statutes, the Rules of Civil Procedure, the General Rules, and these Rules.
Upon review and acceptance of said completed filing, clerk’s office personnel shall index or enter the relevant information concerning the filing into the Court’s case processing system. Upon indexing or entry of the relevant information into Court's system, personnel in the clerk’s office shall approve the eFiled submission and change the submission status to “Filed,” thus generating a receipt thereof to the eFiler.
For purposes of any statute of limitations, an electronic filing is not deemed to be received by the Court until the court returns to the eFiler the status of “Received” for that filing.
For all other purposes, an electronic filing with the Court is not deemed complete until the Court returns to the eFiles the status of "Filed" for that filing.
All of the Rules for eFiling can be found in the Chapter 16 rules. Chapter 16 Rules for the Iowa EDMS can be found at: http://www.iowacourts.gov/Supreme_Court/Orders/index.asp
The following terms, as used in these rules, shall be defined as follows:
“Confidential information” means information excluded from public access by federal or state law or administrative rule, court rule, court order, or case law.
“Cover sheet ” means an electronic form information which registered filers complete for documents electronically filed or presented to the court. The electronic document managementfiling system generates the cover sheet form provides methods for the filer to collect or provide the required and optional information. to be completed by the filer. The cover sheet enables the electronic document management system to correctly route the filing.
“Document” means a related and paginated grouping of information items contained in a record that can be in electronic or paper form.
“Download” means to transfer a document from the electronic document management system to a registered filer’s or registered user’s computer making the document available for at-will local access. “Download” does not include viewing by web browser.
"Electronic" means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. For governmental agencies this may include alternate software to exchange electronic records with the court’s electronic document management system.
“Electronic filing” means the electronic transmission of a document to the electronic document management system to be filed on the case without preliminary judge approval together and when appropriate combined with the production and transmission of a notice of electronic filing.
“Electronic presentation” means the process by which a party may electronically give a document to the court for review or other court action. A document electronically presented to the court through the electronic document management system is not filed. Examples of documents that will be electronically presented include trial informationsinformation presented to the court for approval, proposed orders, and documents to be viewed in camera.
"Electronic record" means a record, file, or document created, generated, sent, communicated, received, or stored by electronic means.
“Electronic service” means the electronic transmission of a link to the filer’s interface where the registered filers entitled to receive notice may view and download filed documents when appropriate. copy of a document to registered filers entitled to receive notice. Electronic service cannot be used to serve an original notice. Documents that require personal service to confer jurisdiction as a matter of law may not be served electronically.
"Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government, the state, or a county, municipality, or other political subdivision of the state.
“Hyperlink” means an electronic connection or reference to another place in the document or other cite authorized by the court which, when selected, shows the portion of the document or the cite to which the hyperlink refers.
"Information" means document, text, images, sounds, codes, computer programs, software, databases, or the like.
“Judicial branch” means all courts, all judicial officers, all clerks of court and offices of the courts of the state.
“Jurisdictional deadline” means a deadline set by rule or statute that may not be extended or changed by the court.
“Nonelectronic filing” means a process by which a paper document or other nonelectronic item is filed with the court and may be retained in nonelectronic form. See rule 16.315.
“Nonregistered filer” means a party who has received authorization to submit documents to the clerk for filing by nonelectronic means. See rule 16.302(2).
“Notice of electronic filing” means a document generated by the electronic document management system when a document is electronically filed. The notice of electronic filing is sent by e-mail to the registered filing party and to any other registered filer who has entered an appearance in the case.
“Notice of electronic presentation” means a document generated by the electronic document management system when a document is electronically presented to the court. The notice of electronic presentation is sent by e-mail to the party who electronically presented the document to the court to confirm its receipt.
When a proposed document, other than a document related to rules 16.703 , 16.704, or 16.802, or a document that is proposed to be sealed is electronically presented to the court, the electronic document management system shall send a notice of electronic presentation to the e-mail address of all parties who are registered filers in the case and they may view and download the proposed order and any motion to which it was attached.
“Party” means a person or entity by or against whom a lawsuit is brought who has a right to control the lawsuit either personally or through someone appointed to protect the person’s interests.
“PDF” means an electronic document filedformat defined by Adobe Systems conforming to the open standard adopted by ISO/IEC 32000-1:2008. This format can be used to electronically file documents. These documents are in a portable document format which is readable by the free Adobe? Acrobat? Reader.
“Protected information” means personal information, the nature of which warrants protection from unlimited public access. Rule 16.602 lists the type of information included in this definition.
“Public access terminal” means a computer located in a courthouse through which the public may view, print, and electronically file documents.
“Public information” for purposes of these rules means documents or information that is not confidential or protected.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
“Registered filer” means an individual or entity whose login and password are used to electronically file documents. In cases in which the registered filer is a party or has entered an appearance, the registered filer will electronically serve and receive notice of most filed documents. A registered filer can also electronically view and download files. See rules 16.305 (registration, logins, and passwords); and 16.317 (service of documents subsequent to original notice). But see rule 16.316(3) (service of original notice).
“Registered user” means an individual or entity, that is registered to be able to electronically view and download information from electronic files that are not confidential or protected. Registered users will be required to pay a registration fee. See rule 16.305 (1)(c) (2) (specialized nonparty user registration).
“Remote access” means the ability to electronically search, view, copy, or download electronic documents in a court record without the need to physically visit a courthouse. Remote access to documents will be made available to registered filers and registered users. The level of remote access available to registered filers and registered users is determined by the status of the registered filer or user. See rule 16.502.
“Scanned document” means an electronic image created by scanning a paper document and stored in PDF format.
“Self-represented litigant” means a litigant who represents oneself without the assistance of a lawyer. An entity such as a partnership, association, corporation, or Tribe may be self-represented when it is otherwise authorized by law to be represented by an officer, employee, or non-lawyer representative. See e.g., Iowa Code § 631.14(1); In re N.N.E., 752 N.W. 1, 12-13 (Iowa 2008). Except where these rules specifically state indicate otherwise, the term “lawyer” includes self-represented litigants.
“Signature”
1. "Digital signature" means a complex string of electronic data that is embedded in an electronic document for the purposes of verifying document integrity and signer identity. It can also be used to ensure that the original content of the message or document that has been delivered is unchanged. A digital signature is in no way related to a digitized signature and has nothing to do with a signer's name or handwritten signature.
2. "Digitized signature" means a computerized representation of a person's handwritten signature.
3. "Electronic signature" means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
“View” means to look at or visually inspect a document. It does not include downloading a document.
For self represented litigants also known as Pro Se registered filers. A registered filer’s login name and password required for submission of documents to access the electronic document management system combined with the signature block serve as the registered filer’s signature on all electronic documents filed with the court. They also serve as a signature for purposes of Iowa Rule of Civil Procedure, any other applicable Iowa Court Rule, and any other purpose for which a signature is required in connection with proceedings before the court. All documents deemed to be signed and filed electronically must include a signature block in the form set out in 16.306(4).
Nonelectronic signature. If a document contains a nonelectronic signature, the original document must be scanned before it is electronically filed in the electronic document management system.
Documents requiring oaths, affirmations or verifications. Any document requiring a signature be made under oath or affirmation or with verification may be either signed nonelectronically and scanned into the electronic document management system or may be signed by an electronic process which accurately reproduces or forms a durable medium for accurately and legibly reproducing an unaltered image of the required signature.
Format. Any filing requiring a signature must be signed, with either an actual signature, the symbol “/es/”, “/s/”, or a digitized signature.
a. The following information about the person signing the filing, if applicable, must be typewritten or printed under the person’s signature:
(1) Name;
(2) Law firm;
(3) Mailing address;
(4) Telephone number;
(5) The primary E-mail address recorded in their EDMS profile; and
(6) The Additional e-mail addresses as recorded in their EDMS profile of any other persons at the law firm who are to be notified of additions or corrections to the electronic document management system file.
b. Filers are responsible for promptly updating the information in (1) through (6) in their profile on the electronic document management system. Non-registered filers are responsible for informing the court of any changes in this information with respect to all cases in which they have appeared.
Multiple signatures. The following procedure applies to a document containing two or more signatures:
a. By filing the document the registered filer confirms that the content of the document is acceptable to all persons signing the document and all such persons consent to having their signatures appear on the document.
b. After following the requirements of 16.306(5)(a), the registered filer must either:
(1) Scan the original document, with all of the signatures attached and file the document electronically; or
(2) Electronically file the document in .pdf format using the signature format as set out in 16.306(4).
Disputing authenticity. A lawyer or a party who disputes the authenticity of any signature on an electronically-filed document must file an objection to the signature within 30 days after the lawyer or party knew or should have known the signature is not authentic. A signature will be presumed authentic until established otherwise by clear and convincing evidence.
Documents to be filed under seal and Motions to seal. A party seeking to file under seal documents that are not deemed confidential by statute or rule, shall file a motion to seal the document. The document sought to be filed under seal must not be attached to the motion or it will be part of the public case file. The document may be filed under seal only after the motion is granted. The documents proposed to be filed under seal shall be electronically presented for review by the court. If the court enters an order granting the motion, the electronically presented document will be filed and sealed.
For information on filing confidential papers in appeals to the Iowa Supreme Court see rule 16.1209.
Documents filed subsequent to order to seal. If the court enters a protective order or an order directing or permitting the filing of documents under seal, the parties shall, without further order from the court, file under seal all documents covered by the order. The parties shall also file under seal all documents referring to or disclosing confidential information in the sealed documents. A document filed under this rule must be so designated on the cover sheet within the submission.
System-sealed documents. Certain categories of documents are sealed within the electronic document management system without a motion by a party or an order of the court. A current list of system-sealed filings is available from the clerk and is available on the court’s web site. For such documents, no motion for leave to file under seal is necessary.
16.405(4) Access to sealed documents and docket entries. Access to documents filed under seal is managed by the electronic document management system in three different ways:
a. Some documents are available for viewing only by the parties and the court, but are referenced in a docket entry available to the public. Examples of these documents include presentence investigation reports, minutes of testimony, and documents filed under seal pursuant to this rule.
b. Some documents are available for viewing only by the parties and the court, and are not referenced in a docket entry available to the public. Examples of these documents include filings in a child in need of assistance case.
c. Some documents are available for viewing only by the court, and are not referenced in a docket entry available to the parties or the public. Examples of these documents include applications for search warrants and search warrants that have not been executed.
In civil cases, most documents filed under seal are referenced in a docket entry available to the public, but are available for viewing only by the parties and the court.