Opinion
November 22, 2002
ORDER
TO: THE HONORABLE GENE MADDOX, CHAIR OF THE SENATE JUDICIARY COMMITTE OF THE 2002 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA.
Pursuant to Iowa Code sections 602.4201 and 602.4202 (2001), the Supreme Court of Iowa has approved and reports on this date to the Chair of the Senate Judiciary Committee the amendment of Iowa Rule of Civil Procedure 1.443 as shown in attached exhibit "A." This amendment shall take effect February 1, 2003.
Dated this 22nd day of November, 2002.
Respectfully submitted,
THE SUPREME COURT OF IOWA
By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice
ACKNOWLEDGMENT
I, the undersigned, Chair of the Senate Judiciary Committee, hereby acknowledgment delivery to me on the ____ day of ______, Report of the Supreme Court pertaining to the amendment of Iowa Rule of Civil Procedure 1.443.
_______________________________________ Chair of the Senate Judiciary Committee
EXHIBIT A Rule 1.443. ENLARGEMENT; ADDITIONAL TIME AFTER SERVICE BY MAIL
(1) Enlargement. When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion to do the following:
a. With or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order.
b. Upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect; out it; but it may not extend the time for taking any action under rules 1.1001, 1.1003, and 1.1004, except to the extent and under the conditions stated in rule 1.1007.
(2) Additional Time After Service By mail, e-mail, or facsimile transmission. When by these rules a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, e-mail, or facsimile transmission, three days shall be added to the prescribed period. Such additional time shall not be applicable where a court has prescribed the method of service of notice and the number of days to be given or where the deadline runs from entry or filing of a judgment, order or decree.