Iowa R. Elec. P. 16.302

As amended through September 9, 2024
Rule 16.302 - Electronic filing mandatory
(1)Electronic registration and filing requirements. All attorneys authorized to practice law in Iowa, all attorneys admitted pro hac vice, and all self-represented persons, except as this chapter provides, must register to use EDMS as provided in rule 16.304(1). Registered filers must electronically submit all documents to be filed with the court unless this chapter or the court otherwise requires or authorizes.
(2)Exceptions from electronic filing requirements.
a.One-time exceptions. For good cause, the court at any time, or the clerk of court while the clerk of court office is open, will authorize any filer to submit a document on a one-time basis nonelectronically to the clerk for filing.
b.Self-represented defendants. A self-represented individual defendant who is not yet a registered filer is permitted to make that defendant's initial filing, such as an answer, in paper.
c.Duration of case exceptions. For good cause, the chief judge of the judicial district in which a case is pending, or the chief judge's designee, will excuse a self-represented individual party from registering to file electronically and from filing electronically throughout the case. For purposes of this paragraph, good cause includes lack of regular access to the Internet through a device suitable for reading documents maintained at the party's residence or on the party's person.
d.Court order requirement. Grants and denials of requests for exceptions from registering to file electronically throughout the case will be made by court order.
(3)Exceptions by rule. The following persons are excused from the EDMS registration and electronic filing requirements without the necessity of a court order:
a.Self-represented criminal defendants. A self-represented criminal defendant is not required to be but may choose to be a registered filer.
b.Confined parties. A party who is confined pursuant to governmental authority, including but not limited to a person who is incarcerated or civilly committed, is excused from registering to file electronically.
c.Self-represented parents. Self-represented parents of a minor who are parties in a juvenile case are excused from registering to file electronically.
d.Excused persons may become registered filers. If a person excused under this rule chooses to register, the person waives the exception from registering to file electronically and is governed by these rules in the same manner as any registered filer. If the person later desires to be excused from registration, the person must apply for and receive an exception pursuant to the rules of this chapter.

Iowa. R. Elec. P. 16.302

Court Order November 21, 2016, temporarily effective 11/21/2016, permanently effective 2/1/2017.

COMMENT:

Rule 16.302(2). Implementation of electronic filing in Iowa courts should not impede any person's access to justice. When there are legitimate reasons preventing a person from electronic filing, the court should grant that person an exception. A self-represented individual party not only needs to be able to make electronic filings, but also needs to be able to receive and read new electronic filings in a timely manner. Thus, if a party's only access to the Internet is through a public access terminal at a courthouse or through a public library, this should constitute good cause for an exception, if requested, from the requirements for electronic participation in a case. Other grounds may also constitute good cause for an exception from the EDMS registration requirement in a particular case.