Ct. Record. 20.5

As amended through Septmber 9, 2024
Rule 20.5 - Purging of case files-lists
(1) Civil case files.
a. Retain in files:
(1) Original notice.
(2) Petition.
(3) Return of service affidavit of publication, certificate of state official (long arm/non resident motorist, foreign corporations).
(4) Answer.
(5) Cross-petition.
(6) Answer to cross-petition.
(7) Counterclaim.
(8) Signed orders (original signed by judge).
(9) Decisions or decrees of court opinions.
(10) Amended pleadings (see nos. 2, 4, 5, 6, or 7).
(11) Writs issued (return of service).
(12) Entry of judgment.
(13) Dismissal.
(14) Jury verdict form (signed).
(15) Notice of appeal.
(16) Procedendo from clerk of supreme court.
(17) Agreement for judgment.
(18) Offer to confess judgment.
(19) Acceptance of offer to confess judgment.
(20) Execution/special execution.
(21) Return on execution/sheriff's sale.
(22) Stipulations.
(23) Partial satisfactions.
(24) Special appearance.
(25) Claim for return of seized property.
(26) Application for forfeiture of seized property.
(27) Release and/or satisfaction.
b. Discard from files (EXCEPT in those cases excluded in rule (1)):
(1) All duplicates of original documents.
(2) Bonds.
(3) Motions/Applications:
1. Amend
2. Change venue
3. Dismiss/demurrer
4. Strike
5. Quash
6. More specific statement
7. Summary judgment
8. Consolidation
9. Stay
10. Compel
11. Sanctions
12. New trial
13. Reconsideration
14. Enlarge and amend
15. Continuance
16. Consolidate or sever
17. Judgment notwithstanding verdict
18. Examinations of judgment debtor
19. Substitute party
20. Withdrawal of attorney
21. Condemn funds
22. Citation for contempt
(4) Response to any motion.
(5) Briefs.
(6) Notice of deposition.
(7) Deposition transcripts.
(8) Interrogatories and answers.
(9) Notice of interrogatories.
(10) Request for production.
(11) Response to request for production.
(12) Request for admissions and responses.
(13) Pretrial compliance reports.
(14) Trial certificates.
(15) Objections to trial certificate.
(16) Subpoenas.
(17) Proposed jury instructions.
(18) Witness lists; exhibits lists.
(19) Correspondence.
(20) Directions to sheriff for service.
(21) Demand for jury trial.
(22) Certificate of reporters re: costs of or taking deposition.
(23) Order condemning funds.
(24) Scheduling order or notices.
(25) Orders that only set hearings.
(26) Strike list notices.
(27) Warrant for arrest of contemnor.
(28) Entry of default.
(29) Jury instructions.
(30) Receipts for exhibits.
(31) Praecipe.
(32) Affidavit of amount due.
(33) Affidavit of payments made.
(2) Criminal case files.
a. Retain in files:
(1) Trial information and minutes of testimony.
(2) Indictment.
(3) Amended trial information.
(4) Written plea of guilty.
(5) Opinion or decision of court.
(6) All orders of court, except those only setting a hearing.
(7) Jury instructions.
(8) Jury verdict (signed).
(9) Notice of appeal.
(10) Procedendo from clerk of supreme court.
(11) Notice of dismissal of appeal.
(12) Judgment entry.
(13) Sentencing entry.
(14) Presentence investigation report and associated reports.
b. Discard from files (EXCEPT in those cases excluded in rule (1)):
(1) All duplicates of original documents.
(2) All copies and originals of jail booking forms and receipts.
(3) All subpoenas issued and returned.
(4) Written stipulations.
(5) Warrant for arrest.
(6) Return on warrant.
(7) Bail bonds.
(8) Recognizance agreements to appear.
(9) Written arraignment.
(10) Motions:
1. To suppress and response
2. Change of venue and response
3. Limine and response
4. To dismiss and response
5. To sever trial and response
6. Bill of particulars and response
7. To amend trial information
8. For appointment of counsel
9. For withdrawal of counsel
10. To determine competency
11. To consolidate trial
12. For continuance
13. To correct sentence
14. Reduction of bail or review conditions of release
15. To revoke bail or pretrial release
16. To forfeit bail
17. To compel
(11) Orders that only set hearings.
(12) Briefs.
(13) Proposed or requested jury instructions.
(14) Pretrial conference reports, minutes, or orders.
(15) Notices of depositions.
(16) Scheduling notices.
(17) Requests for transcripts.
(18) Registered mail receipt cards or letters returned.
(19) Receipts for evidence.
(20) Correspondence from attorneys.
(21) Nonsubstantive correspondence from defendants.
(22) Application to revoke probation, or to adjudicate guilt, or to revoke deferred judgment.
(23) Magistrate's transcript.
(24) Complaint forms.
(25) Media coordinator requests.
(26) Appearance of attorney.
(27) Witness lists.
(28) Notice of special defense, (i.e., insanity, intoxication, alibi, duress, etc.).
(29) Iowa R. Crim. P. 2.14(2)(a), disclosure required upon receipt (Notice).
(30) Application for search warrant.
(31) Return on search warrant.
(3) Divorce/Dissolution of Marriage/Separate Maintenance/Child Support and Paternity case files.
a. Retain in files:
(1) Original notice.
(2) Petition for divorce, separate maintenance, dissolution of marriage, child support, or to determine paternity.
(3) Return of service affidavit of publication.
(4) Acceptance of service.
(5) Answer.
(6) Cross-petition.
(7) Answer to cross-petition.
(8) Signed orders (original signed by judge).
(9) Decrees or decisions of court.
(10) Amended pleadings (see nos. 2, 5, 6, or 7).
(11) Writs issued (return of service).
(12) Entry of default.
(13) Dismissal.
(14) Notice of appeal.
(15) Procedendo from clerk of supreme court.
(16) Paternity test results.
(17) Petition or application for modification.
(18) Answer to petition or application for modification.
(19) Order for temporary support or temporary custody.
(20) Stipulations.
(21) Execution/special execution.
(22) Satisfaction/partial satisfaction.
(23) Appearance by attorney or party.
(24) Assignments of judgments and terminations of assignments.
(25) Financial affidavits.
(26) Child support worksheets.
(27) Confidential information required under Iowa Code section 598.22B.
b. Discard from files:
(1) All duplicates of original documents.
(2) Bonds.
(3) Motions/applications:
1. Amend
2. Change venue
3. Dismiss/demurrer
4. Strike
5. Quash
6. More specific statement
7. Stay
8. Compel
9. Sanctions
10. New trial
11. Reconsideration
12. Enlarge and amend (Iowa R. Civ.P. 1.904(2))
13. Continuance
14. Examinations of judgment debtor
15. Withdrawal of attorney
16. Condemn funds
17. Citation for contempt
(4) Response to any motion.
(5) Briefs.
(6) Notice of deposition.
(7) Depositions transcripts.
(8) Interrogatories and answers to interrogatories.
(9) Notice of interrogatories.
(10) Requests for production.
(11) Response to requests for production.
(12) Requests for admissions and responses.
(13) Trial certificates.
(14) Objections to trial certificates.
(15) Subpoenas.
(16) Correspondence.
(17) Directions to sheriff for service.
(18) Certificate of reporters re: costs of or taking depositions.
(19) Order condemning funds.
(20) Scheduling order or notices.
(21) Orders that only set hearings.
(22) Warrant for arrest of contemnor.
(23) Strike list notices.
(24) Receipts for exhibits.
(25) Proof of service by Child Support Services.
(26) Certificate of completion of parent education program.

Ct. Record. 20.5

Court Order February 17, 1989, effective 4/15/1989; 7/26/1996; 10/3/1997; 11/25/1998; 10/27/1999; 11/9/2001, effective 2/15/2002; 10/26/2017; order June 30, 2023, effective 7/1/2023.

COMMENT:

Rule formerly appeared as Iowa Court Rule 22.38. Rule conforms to standard court rule numbering. [Court Order October 26, 2017]